Legal Question in Family Law in New Mexico

I plan on leaving my husband of 20 years because of the emotional abuse to myself and my 16 year old son. I am worried that if my son decides he wants to stay with his father, could my husband have me brought up on charges of abandonment? Could I be arrested?


Asked on 10/03/09, 8:05 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

No, and no. Emotional abuse can be worse than physical abuse because it robs you of your motivation to escape. Be brave.

You may want to file for separation or divorce. When you do that you get a temporary domestic order that provides for interim support and living arrangements for you and your soon to be ex. You may be the one who stays in the house and nhe leaves! Custody and support for your son will be included. His wishes as to where to live will be given consideration by the court. You can get help - I suggest you start by going to Families and Youth Inc. 108 W Birch St, Deming, NM 88030-4107, (575) 546-6049‎.

The Luna County Courthouse is at 855 South Platinum, Deming. You should be able to get forms there to represent yourself, if not you can get packets online at legalfacs.org, or at firstdistrictcourt.com. If the latter you will have to change the heading from first judicial district to sixth judicial district, but everything else should be the same. These packets have instructions and the ones from the first judicial district web site include forms for contested divorces with children and complex property issues, and temporary domestic orders,which is the packet you want. If you have questions contact me and I'll help you over the phone.

It would be better for you to get an attorney, a local one, and remember this: half of what he earns is yours, and half of what you earn is his, but either of you can spend it without limitation. That means you can use your community property money to pay an attorney. Don't let the turkey tell you that you can't use your money. And the attorney you hire can help you figure out how to extract money to pay him.

Good luck.

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Answered on 10/09/09, 12:10 am


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