Our Family Law Services

The Mulcahy Law Firm practices Family Law in the following areas:

• Divorce- Divorce is a family law issue fraught with emotion. When a couple splits up, there will be a division of assets, the issue of spousal support, child custody issues and child support to determine. All of these are potential “hot button” issues. It is important to have an Albuquerque family law attorney who can help a couple divorce in the kindest way possible, yet who will fight for her client’s position. Your New Mexico divorce attorney will ensure that all requirements for a New Mexico divorce are properly met, and will work hard to secure a financial settlement which will allow you to have a future after your divorce. Common areas of divorce include:
• Property Division-A Marital Settlement Agreement must be entered before a divorce is final. This document outlines how community property (obtained during the marriage) is divided, and confirms separate property (obtained before marriage or after divorce) belonging to each spouse. Property must be divided equitably. This can often mean “equally,” but property does not always have to be split exactly equal in order to be determined fair under the circumstances.
• Child Support and Child Custody-If you and your spouse have one or more children still under the age of 18 years or still in high school, a Parenting Plan for custody and child support orders must be entered before the divorce is final. Child support is ordered according to the formula laid out in New Mexico statues. Child custody is a more nebulous standard, as the parties must litigate what is in the child’s “best interest.”
• Alimony/Spousal Support-A New Mexico court will look at the financial needs and responsibilities of both spouses when determining whether spousal support will be awarded. There are different types of spousal support, including long-term, transitional, rehabilitative, and lump-sum spousal support. A number of factors are considered when determining whether spousal support will be awarded, and, if so, for how long.
• Legal Separation-In the state of New Mexico, a legal separation is neither a preliminary divorce nor a “partial” divorce. A legal separation requires the same process as a divorce, however the couple remain married and cannot remarry until the separation is transferred into a divorce. A legal separation considers the same issues as divorce: division of assets and liabilities, child custody and support, and spousal support.
• Mediation-In a New Mexico, two kinds of mediation can occur. A more informal mediation, where the parties sit down face-to-face, can occur if the parties agree. The court can also order a “settlement facilitation,” where the parties sit in separate rooms with their attorneys and the mediator goes in between the rooms to negotiate the deal. In both cases, the mediator does not offer legal advice or advocate for one position, but will help the parties work toward a calm resolution of the case. As a confidential and flexible process, mediation allows the parties to work toward a resolution themselves, rather than leave important decisions for property division or child custody to the judge.
• Uncontested Divorce-A divorce is either contested or uncontested. In an uncontested divorce, both parties are in agreement on every aspect of the divorce—asset division, child custody and child support, and spousal support. If a case is uncontested, an experienced divorce attorney is crucial in getting the agreement drafted in a way that is clear and legally sound, and filed quickly. In a contested divorce, the couple is in disagreement regarding one or more aspects of the divorce. Many times, what begins as an uncontested divorce can quickly turn into not only a contested divorce but a hotly contested divorce. Should this occur, having an experienced Albuquerque divorce attorney by your side can make all the difference.
• Parentage-A New Mexico parentage case (also known as a paternity case) is a legal action filed by an unmarried mother or father to establish the legal father of a child and define the parent’s legal responsibilities to the child. Parentage cases require orders for child custody and child support to be entered. Emotions can run particularly high in a parentage case, as it centers around what is best for your child. As such, every parentage case benefits from an experienced, knowledgeable New Mexico attorney.
• Child Custody-If parents cannot agree on custody, the judge will determine both physical custody and legal custody. Physical custody refers to actual time spent with each parent, while legal custody refers to major decisions made for the child, such as religion, education, and medical decisions. One parent could be awarded primary physical custody as well as legal custody, the parents could share legal custody while the children primarily reside with one parent, or both legal and physical custody could be shared equally.
• Child Support-Typically, there are fewer arguments between couples regarding child support because in the state of New Mexico child support guidelines, established by the legislature, are used to determine the amount of support. A set formula is used, based on the gross income of both parents as well as which parent has primary physical custody of the children. However, there may be room to increase or decrease these numbers depending on the circumstances. A New Mexico child support attorney can help parents use the formula to determine the amount of child support to be paid.

• Grandparent Visitation-It can be difficult for loving grandparents when a couple divorces or separates, and the grandparents are no longer allowed to see their grandchild. New Mexico has a law known as the Grandparents Visitation Privileges Act, which, while not giving grandparents the automatic right to see their grandchildren, does allow the grandparent to file a petition for visitation under the right circumstances.
• Kinship Guardianship-It is important to remember that the right of parents to raise their children in the manner they choose is highly protected under the United States Constitution. That being said, the New Mexico Kinship Guardianship Act provides legal authorization and a process for a relative to obtain guardianship of the child, so long as specific requirements are met. Guardianship is not permanent, and a parent can ask the court to revoke the guardianship and regain custody rights.
• Adoption-There are several types of adoption, whether you are a stepparent looking to adopt your stepchild, or a couple looking to grow your family through private adoption. Your Albuquerque adoption attorney will work hard to make your dream of adding to your family a reality in an affordable and stress-free manner.
• Family Law in the Military-When one or both spouses serve in the military and the couple decides to end their marriage, a divorce can become exponentially more complicated. There are specific rules for a military divorce, including where to file, how to calculate child support, how to determine child custody, and how to divide retirement benefits. All of these issues can benefit greatly from an experienced divorce attorney.
• Enforcement and Modification of Family Law Orders-In some cases, after orders have been issued by the court, people may fail to follow those orders, and enforcement may be required (such as failure to pay child support, failure to follow a timesharing schedule, or failure to divide property or make spousal support payments). Other times, circumstances may have changed after an order has been entered that requires modification of the order (most often child custody or child support). Both of these situations can be handled by a New Mexico family law attorney.

Contact us

How Rebecca Mulcahy Can Help You

If you are facing a divorce, are in the middle of a contentious child custody issue, are considering adoption, have concerns about child visitation or believe a loved one requires a guardianship or conservatorship, the Mulcahy Law Firm can help. We strongly advocate for every client, taking the time to fully explain all aspects of the issue, and always listening to the client. Don’t face family law issues on your own---contact a knowledgeable family law attorney from the Mulcahy Law Firm today