Custody and Visitation
Frequently Asked Questions
How much is your retainer?
Unfortunately, there are lots of things that can change the retainer amount. Mr. Bristol will go over the options and prices based on the specifics of your case during your consultation.
How are assets divided in a divorce?
Any asset owned pre-marriage, or received after marriage by gift or inheritance, belongs only to that person. Any asset (or debt) received after marriage is owned 50-50 and is therefore usually split 50-50, regardless of whose name is on it.
Do I need a reason to get divorced, like infidelity?
No. New Mexico was the first no-fault divorce state in the country. Before Nevada, even. No-fault means 1) you don’t have to have a reason to get divorced (no one has to be “at fault”) and 2) assets and debts are divided without regard to “fault” or bad behavior.
Does the mother automatically get custody of the children?
No. The statutes say that both parents are on equal footing when it comes to custody. Custody is not about what the parents want; it is about what is best for the children. Parents should come up with their own solution.
What is the difference between kinship guardianship and adoption?
Kinship guardianship was designed for a temporary problem and for the children to have someone who can legally take them to the doctor and enroll them in school and sports. For example, if a parent is in jail or on drugs, a relative can get kinship guardianship to have legal authority to enroll the children in school, etc. When the biological parent gets their act together, they can petition to have the children returned to them.
In contrast, an adoption permanently severs the parent-child relationship.