Legal Question in Family Law in New Mexico
A mans rights in a divorce.
My son is 23 yrs.old, married with 1 child and in the military, stationed in Clovis New Mexico. He works 12 hour days and because of this his wife decided to move back to Arizona to live with her parents, taking their 3 year old son. My son was deeply hurt by this and wants a divorce. She wants to continue living in Ariz. but does not want a divorce. If he does divorce, she said he will never see his son, will pay 40+% alimony and child support and ruin his military career. Please!! What rights does he have?
1 Answer from Attorneys
Re: A mans rights in a divorce.
I would like to express an opinion about any employer
who would make someone work 12 days and then to the
point where families start breaking up over such
employment practices. However, I will restrain myself except to
say that your son does have recourse through the military
about having to work such a schedule. The military
does not have the intent to break up families and
to the extent that they are responsible for your son's
family problems they will 'fix it.' He needs to talk
to someone there. Next, I happen to know quite a few
attorneys in the Clovis/Portales area and your son
should go to the telephone book and call someone listed
in the yellow pages under Family or Divorce Attorney.
They are good and knowledgable people He can also call the State Bar of New Mexico Attorney Referral
service (they have an 800 number and he can call
800 information - 1-800-555-1212) and get the number.
They will refer him to more than one attorney in
his area. This is a difficult time and he should
consider that his problem may not be resolved in the
legal realm it may be resolved by a marriage counselor.
From your post it is not the daughter in law talking
in absolute terms of a divorce. It is your son who
is saying such things. However, in the legal context
what your daughter in law said to him is not legally
correct. The chances of him paying alimony are not
high (if at all); and, she cannot keep him from seeing
their child (it will be difficult if he is in NM and she
is in AZ) but he will pay child support if they get
divorce. A lawyer can answer the legal questions at
low or no cost for an initial interview and a marriage
counselor or the base chaplin can help in the area
of helping your son look at his life style and see
what the other side of the problem is that his wife
is upset about.