Taos Divorce Lawyer, New Mexico

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Howard Raab

Family Law, Mediation, Arbitration, Dispute Resolution
Status:  Retired *Status is reviewed annually. For latest information visit here           

Catherine E. Oliver

Family Law, Divorce & Family Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Charles E. Neelley

Family Law, Juvenile Law, Children's Rights, Children's Rights
Status:  Inactive *Status is reviewed annually. For latest information visit here           

Elizabeth A. Musselman

Landlord-Tenant, Family Law, Children's Rights, Wills, Guardianships & Conservatorships
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Free Help: Use This Form or Call 800-814-6700

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LEGAL TERMS

ZONING

The laws dividing cities into different areas according to use, from single-family residences to industrial plants. Zoning ordinances control the size, location... (more...)
The laws dividing cities into different areas according to use, from single-family residences to industrial plants. Zoning ordinances control the size, location, and use of buildings within these different areas.

FOREIGN DIVORCE

A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are r... (more...)
A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are recognized as valid if the spouse requesting the divorce became a resident of the state or country granting the divorce, and if both parties consented to the jurisdiction of the foreign court. A foreign divorce obtained by one person without the consent of the other is normally not valid, unless the nonconsenting spouse later acts as if the foreign divorce were valid, for example, by remarrying.

COLLUSION

Secret cooperation between two people in order to fool another. Collusion was often practiced by couples before no-fault divorce in order to make up a grounds f... (more...)
Secret cooperation between two people in order to fool another. Collusion was often practiced by couples before no-fault divorce in order to make up a grounds for divorce (such as adultery). By fabricating a permitted reason for divorce, colluding couples hoped to trick a judge into granting their freedom from the marriage. But a spouse accused of wrongdoing who later changed his or her mind about the divorce could expose the collusion to prevent the divorce from going through.

EQUITABLE DISTRIBUTION

A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equit... (more...)
A legal principle, followed by most states, under which assets and earnings acquired during marriage are divided equitably (fairly) at divorce. In theory, equitable means equal, but in practice it often means that the higher wage earner gets two-thirds to the lower wage earner's one-third. If a spouse obtains a fault divorce, the 'guilty' spouse may receive less than his equitable share upon divorce.

IRRECONCILABLE DIFFERENCES

Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable... (more...)
Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable differences is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into what the differences actually are, and routinely grant a divorce as long as the party seeking the divorce says the couple has irreconcilable differences. Compare incompatibility; irremediable breakdown.

NO-FAULT DIVORCE

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along... (more...)
Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some states allow incurable insanity as a basis for a no-fault divorce. Compare fault divorce.

CONNIVANCE

A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adul... (more...)
A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adultery, and if he tried to divorce her for her behavior, she could assert his connivance as a defense.

FAMILY AND MEDICAL LEAVE ACT (FMLA)

A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family hea... (more...)
A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family health needs or personal illness. The employer must allow the employee to return to the same position or a position similar to that held before taking the leave. There are exceptions to the FMLA: the most notable is that only employers with 50 or more employees are covered--about half the workforce.

FOSTER CHILD

A child placed by a government agency or a court in the care of someone other than his or her natural parents. Foster children may be removed from their family ... (more...)
A child placed by a government agency or a court in the care of someone other than his or her natural parents. Foster children may be removed from their family home because of parental abuse or neglect. Occasionally, parents voluntarily place their children in foster care. See foster care.

SAMPLE LEGAL CASES

Karpien v. Karpien

... 1167 OPINION. CASTILLO, Judge. {1} Husband and Wife were in the process of divorce when Wife died. ... Husband's appeal presents us with a question of first impression: What is the effect of the death of one spouse on a pending divorce proceeding? ...

Oldham v. Oldham

... {5} In February 2007, a divorce petition was filed on Husband's behalf in the Second Judicial District Court of New Mexico. ... 1. Section 40-4-20(B) Provides That Property Division Issues Must Still Be Addressed After the Death of a Party to a Divorce Action. ...

Oldham v. Oldham

... At the time of Husband's death, Husband and Wife were involved in ongoing divorce proceedings. Prior to the divorce proceedings, Husband had designated Wife as his named personal representative and the beneficiary of his estate. ...

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