Family Law

Family Law Services

Whether you're hoping to adopt a child or going through a divorce, we understand how complicated these matters can be. It's essential to hire a qualified attorney that can guide you through the legal process. At Bristol Law, we specialize in family law matters. These include separation, child support, adoption, guardianship, and more.

Since 1989, Bristol Law has assisted the residents of Roswell, NM, and the surrounding areas with their family law matters. We're well-regarded as reliable, caring, and effective. We put our client's priorities first and ensure they're cared for during the often-stressful legal process.

Divorce is hard; dealing with your attorney shouldn’t have to be. For plain talk, call (575) 625-5284.

What is Community Property?

A marriage creates a ‘community’ between a husband and wife. They are considered to be equal partners in the marriage. Generally, any asset gained or debt incurred during the marriage is owned 50-50. In contrast, assets received by gift or inheritance would be the sole and separate property of the spouse receiving it. Equal ownership of community property means equal ownership regardless of whose name is on it. If the wife earns teacher’s retirement, half of it is the husband’s. If the husband runs up the Cabela’s credit card, half of it is the wife’s.

Divorce Services

In a divorce, people are under a lot of stress. The worst thing you can do is put your kids in the middle. This is harmful to your children. Let me handle the rough spots during your divorce proceedings and relieve some of your stress.

Did you know that New Mexico was the first ‘no fault’ divorce state in the country? That means that you don’t have to have a reason to get divorced. It also means that all assets and debts are divided evenly without regard to anyone being a bad spouse.

Paternity Rights

Did you know that in New Mexico, unwed fathers really don’t have any rights to children until they go to court and get those rights with a court order? If you are an unwed father, you need to go to court and get your rights.

Separations

Do you handle money differently than your spouse? If so, don’t get a divorce. In New Mexico a husband and wife can enter into a contract with each other to have separate money, separate assets, and separate debts.

Did you know that in New Mexico, a legal separation is a court order? It is an order that separates assets and debts you have right now; it can separate future assets and debts. You don’t have to live separately or divorce.

Medicaid Planning

When a couple applies for Medicaid to help cover nursing home costs for one of the spouses, the couple will be required to spend down almost all of their money to qualify for Medicaid.

But, before the need for a nursing home arises, a husband and wife can enter into a Post-Nuptial Contract (5 years is best). The Contract divides the assets of the spouses into sole and separate properties. It provides that all future debt, including nursing home costs, is the sole and separate debt of the spouse going into the nursing home.

With the Post-Nuptial Contract, the non-nursing home spouse’s half of the assets are protected from being spent down. Also, the non-nursing home spouse is not liable for the nursing home expenses. Be sure the applying spouse writes ‘sole and separate’ on the application for the home and Medicaid.

Family Law FAQ

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 solutions.
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 the 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.