Family Law Service

Divorce is not something most people have a lot of experience with.

You probably don’t know the state laws, the intricacies of the statutes, the New Mexico court system nor its judges’ predilections, the process of discovery, and least of all, the emotional roller coaster the whole divorce process usually is.

We do.

Walther Family Law PC has extensive knowledge of the terrain you’re about to navigate. We listen, do our best to really understand your concerns, then advise and assist you in making the best legal decisions possible in the particular circumstances of your marriage and your family. We are deeply experienced litigators, so we know where to look for the potential ways out of a contentious legal battle and will do so whenever possible.

Our experience covers all aspects of divorce and Family Law, including:

Dispute Resolution

Child Custody

Child Support

Third Party Visitation Rights (including Grandparents’ rights)

Parental Relocations

Family Law Appeals

Legal separation
Separation is usually one of the first things that happen when a marriage starts to fall apart. It is usually a difficult passage. Simple physical distancing is often not viewed as having legal ramifications, yet it may impact whether or not assets and debts incurred during the separation period are considered joint property. A formal legal separation agreement is sometimes called for. Such an agreement can provide pre-divorce options for continued health insurance, child care, etc. and can serve as a blueprint for the actual divorce. In as much, it merits attention and careful crafting and can include provisions for division of property, child custody and support payments. Legal separation agreements are almost always consulted during actual divorce proceedings.
Like a divorce, an annulment is a court order issued after a proceeding. Unlike divorce, annulment completely voids the marriage: in the eyes of the law, an annulled marriage simply never existed. Annulments are generally easier to obtain if you have been married only a short time, but can be granted after longer marriages. The grounds for annulment are fairly strict and must fall into one the following categories:

  • Fraud or misrepresentation
  • Concealment of an important factor
  • Inability or refusal to consummate the marriage
Alimony is generally determined based upon the need of the recipient and the ability of the payer to meet that need. Alimony can be mutually agreed to between the spouses, negotiated or determined by the courts. It is important to note that in all cases, including mutual agreement , alimony should be informed by fairness and by the law. (It is not enough for a spouse to be agreeable to an amount if that agreement is based on ignorance of his/her rights. Nor should the emotional dominance or the financial agility of one partner be allowed to unduly impact the decision.) Factors considered in determining alimony include: the age and health of the parties, their respective earning capacities, efforts to find employment, need and the standard of living during the marriage, medical and life insurance, the duration of the marriage, property awards, the type of the spouses’ assets, the spouses’ liabilities, income produced by property and prior agreements entered into by the spouses.

If you require legal assistance in any of these areas and would like to schedule an appointment, please phone us at 505 889 8240 (Albuquerque) or 505 984 0097 (Santa Fe) or online through our contact form.