Attorney
Valentine’s Day is coming, and for many its approach is unwelcome. Instead of being a celebration of commitment and connection, it’s a reminder that Cupid’s favor often comes at a cost.
As a business owner who was inspired to pursue law as a second career after getting divorced, Attorney Bob Matteucci has learned this lesson all too well. While others scorn the commercialization of what was once a purely religious holiday, Bob welcomes the opportunity to educate New Mexico residents about a couple of our state’s divorce laws.
Marriage Isn’t Just an Emotional Connection
Long before heart-shaped boxes of chocolates, Valentine’s Day had religious roots. In the Catholic church, it celebrates St. Valentine, a Catholic priest who, according to legend, performed marriages in secret when they were forbidden by the Romans.
Marriage, in this telling, was an act of resistance. It was about more than romance, it was about linking two people together in the eyes of God.
While modern day New Mexico is far removed from ancient Rome, our laws reflect this view of marriage as an act that intertwines your life with another. However, many couples do not understand the full import of this until their marriage is at an end. Our state’s community property law and preference for co-parenting makes it more difficult than expected to sever the ties that bind married couples to one another.
New Mexico’s Community Property Law
In community property states like New Mexico, almost everything you and your partner acquire during marriage is presumed to belong equally to both of you. That includes income, investments, houses, retirement accounts — even whole businesses.
Ownership doesn’t depend on whose name is on the title or who earned the paycheck. Even pre-marriage assets can become part of the marital estate if they’re mingled with shared resources or increase in value because they are improved by marital assets or attention.
The value of these shared assets must be divided 50/50 at the time of divorce. Making an even split is often much harder than dividing by two when you consider the fact that many assets are illiquid or would significantly decrease in value if altered.
Thanks to his business background, and head for numbers, Attorney Bob Matteucci is often sought out by couples who must figure out how to make that 50/50 split work for their family.
A Commitment to Co-Parenting
Assets are not the only thing that gets evenly split at divorce. New Mexico’s child custody laws prefer when parents share joint legal custody of their child post-divorce.
This does not mean that a child will spend half of their time with one parent and half with another. Where a child lives is referred to as physical custody, and it can be split in whatever way is in the child’s best interests.
Legal custody is a parent’s authority to make important decisions on behalf of their child. For example, deciding what school they will go to, which extracurriculars they can participate in, whether they will get the flu vaccine each year, and what religious traditions they will be exposed to.
Unless there is a very good reason for one parent to lose legal custody (think domestic abuse or substance abuse) the state of New Mexico expects divorcees to work together to co-parent their child.
Serving Families with Dignity & Compassion
Whether you relish Valentine’s Day or view it solely as an opportunity to stock up on cheap candy, it can serve as a reminder that New Mexico’s divorce laws bind couples together as tightly as their marriage vows.
The links between married couples cannot be severed without jumping through some serious financial hoops and making plans to co-parent well into the future. As a seasoned family law attorney and divorcee, Bob Matteucci can help you figure out how to navigate these issues and move forward with your life. Please contact him today to set up a meeting.