Marriage is often seen as a lifelong commitment, but sometimes circumstances arise that make divorce the only viable option. If your spouse is currently undergoing medical treatment, you may find yourself questioning how this will impact your divorce proceedings in New Mexico. This article will delve into the topic to provide you with a better understanding of what to expect.
Understanding the Grounds for Divorce in New Mexico
Before delving into the complexities of divorce proceedings in New Mexico, it is crucial to grasp the grounds on which a divorce can be filed. In this state, both fault and no-fault grounds are recognized. Fault grounds necessitate the need for one spouse to prove that the other engaged in negative behaviors such as adultery, cruelty, abandonment, or imprisonment. Conversely, the no-fault grounds bypass the need to assign blame, allowing both parties to mutually agree that their marriage has reached an irrevocable state of breakdown.
Residency Requirements in New Mexico
To initiate divorce proceedings in New Mexico, at least one spouse must have been a resident for a minimum of six months prior to filing. If a divorce is being sought, it must be filed in the county where either you or your spouse currently resides, as long as one of you has maintained residency within the county for a minimum of thirty days.
The Impact of Medical Treatment on Divorce Proceedings
It is natural to wonder how your spouse’s ongoing medical treatment will affect your divorce proceedings. In most cases, medical treatment does not impede the initiation or progress of a divorce. However, it might have implications for several critical aspects such as child custody and visitation rights, alimony, and property division.
Child Custody and Visitation
Child custody and visitation arrangements frequently become contentious issues during divorce proceedings. If your spouse is currently undergoing medical treatment, concerns may arise regarding their capacity to effectively care for your children and fulfill parental responsibilities. In such instances, the court may appoint a guardian ad litem, an impartial third party, to investigate the situation and provide recommendations regarding custody and visitation arrangements to the court.
Alimony
Alimony, also known as spousal support, refers to payments made from one spouse to the other following a divorce. If your spouse is undergoing medical treatment, they may argue that their health condition renders them unable to work or generate income, making it impossible for them to fulfill their alimony obligations. In such cases, the court will take their medical condition and earning capacity into consideration when making a decision regarding alimony.
Property Division
New Mexico follows the principle of community property, meaning that marital property is divided equally between spouses upon divorce. However, if your spouse is presently undergoing medical treatment, you may question whether their medical expenses should be considered during the division of property. In such situations, the court will assess their medical expenses and how they impact their income and earning potential.
Conclusion
If you are contemplating divorce in New Mexico while your spouse undergoes medical treatment, it is highly recommended that you consult with an experienced divorce attorney. A legal professional will be able to assess your specific case, elucidate your rights and options, and guide you through the intricate landscape of divorce proceedings. Although undergoing medical treatment can impact certain aspects of your divorce, it should not prevent you from initiating or finalizing the process.