Best Military Divorce Lawyers in New Mexico

About Military Divorce Law in New Mexico, United States

Military divorce involves ending a marriage where at least one spouse is an active duty, reserve, or retired member of the United States armed forces. In New Mexico, military divorces follow state laws about divorce but must also adhere to federal laws and military regulations. Unique aspects of military service, like deployments and specific benefits, can complicate the divorce process. Proper handling ensures the protection of both marital and military rights.

Why You May Need a Lawyer

Military divorce entails more complex issues than civilian divorce. You may need a lawyer if you encounter:

• Disputes over dividing military pensions and benefits.
• Concerns regarding child custody during deployments or reassignments.
• Challenges in serving divorce papers to a deployed service member.
• Questions about residency requirements and where to file for divorce.
• Understanding protections under the Servicemembers Civil Relief Act (SCRA).
• Navigating health care and survivor benefit plans.
• Adjusting child or spousal support according to military pay variations.

Legal guidance is key to ensure your interests are protected, comply with all applicable laws, and avoid costly errors.

Local Laws Overview

New Mexico is both a community property and a no-fault divorce state. All assets, including those acquired during a marriage, are typically divided equally. For military divorces, the following local and federal laws may apply:

• Residency Requirements: Either spouse must live in or be stationed in New Mexico to file for divorce in the state.
• Division of Military Benefits: Federal law such as the Uniformed Services Former Spouses' Protection Act (USFSPA) allows New Mexico courts to divide military pensions according to community property laws.
• Service of Process: Divorce papers must be legally served. The SCRA may delay proceedings if a service member is on active duty.
• Child Custody and Support: New Mexico bases custody decisions on the child's best interests. Military life factors like deployments are considered. The state follows child support guidelines but can consider Basic Allowance for Housing and other military benefits as income.
• Spousal Support (Alimony): The court considers several factors, including the length of the marriage, incomes, and special circumstances related to military service.

Frequently Asked Questions

Is military divorce different from civilian divorce in New Mexico?

Yes, it often involves additional federal regulations and issues related to military service, such as benefit division, deployments, and jurisdiction.

Can I file for divorce in New Mexico if I am stationed here but not a resident?

Military members or their spouses stationed in New Mexico may file for divorce in the state, even if they do not claim New Mexico as their home of record.

How is military retirement divided in a New Mexico divorce?

Military retirements are subject to division as community property under New Mexico law. The USFSPA allows the state court to distribute military retired pay to a former spouse.

What happens if my spouse is deployed during the divorce?

The SCRA can offer some protections, allowing the service member to delay court proceedings if their duties prevent them from participating.

How are child custody and visitation affected by military service?

Custody and visitation arrangements take into account deployments, transfers, and the best interests of the child. Courts may grant temporary modifications to accommodate military obligations.

Will military health care benefits continue after divorce?

Eligibility for military health care benefits after divorce depends on factors like the length of the marriage and military service. Some former spouses qualify under the 20-20-20 or 20-20-15 rules.

Does BAH and other allowances count as income for support calculations?

Yes, Basic Allowance for Housing and other military allowances are considered income when determining child and spousal support in New Mexico.

How do I serve divorce papers to a military member?

Special rules may apply. If the service member is on a base or deployed, their commanding officer can often assist, and the SCRA may affect the timeline.

Can I get part of my spouse's military pension if we were married less than 10 years?

Yes, New Mexico courts may still divide the military pension as a marital asset, regardless of the marriage's length, though the method of payment from DFAS may differ.

What happens to survivor benefit plans in a military divorce?

Survivor benefit plan coverage can be negotiated in the divorce settlement. It is important to ensure proper steps are taken post-divorce to secure benefits.

Additional Resources

• New Mexico Legal Aid: Provides free or low-cost legal services to eligible individuals.
• Judge Advocate General (JAG) Offices: Military legal assistance offices which can guide service members and spouses in family law matters.
• Department of Veterans Affairs (VA): Information on veteran status, benefits, and health care.
• Defense Finance and Accounting Service (DFAS): Administers the division and payment of military retired pay and benefits.
• New Mexico District Courts: Local courts where divorce applications are filed and proceedings take place.

Next Steps

If you are considering or facing a military divorce in New Mexico, take the following steps:

• Gather all relevant documents, such as marriage certificate, military service records, and financial information.
• Contact a lawyer experienced in military divorce law in New Mexico to discuss your specific circumstances.
• Visit your nearest JAG office for a consultation if you or your spouse are on active duty.
• Understand your rights and responsibilities under both New Mexico and federal law.
• If eligible, reach out to local legal aid services for assistance.
• Stay informed about ongoing legal requirements, especially if deployments or transfers are likely.

Proper legal guidance can make a significant difference in navigating the unique challenges of military divorce and protecting your rights.