Don Harris, Attorney at Law

Don Harris is an Albuquerque lawyer specializing in both Family and Divorce Law and Bankruptcy law.

Don helps his clients navigate through difficult legal situations. If you have any questions or for more information please click here to contact the firm.

On This Page

Divorce Law as Practiced by Don Harris

Divorce in New Mexico

Divorce and Family Law Related Issues

Divorce Mediation

Divorce Litigation (Trials)

Divorce Decree Modification

Divorce Decree Appeals

Child Custody and Visitation

Child Support

Pre/Postnuptial Agreements

Spousal Support, Maintenance and Alimony

Domestic Violence and Domestic Abuse

Albuquerque and New Mexico Family Law - Divorce Law

Divorce Law as Practiced by Don Harris

When you are going through a divorce, you are likely experiencing one of the most stressful events you are likely to experience in your lifetime. Your divorce lawyer should be providing important guidance on all of your divorce related issues during this difficult time.

Divorce cases may become complex due to issues involving financial assets and liabilities, spousal support, child custody and child support. Sometimes, a case will have only one challenging issue, but it has important emotional or financial issues attached which make it difficult to resolve. You want and need the support of an experienced attorney who can assist you through all of the processes and, when needed, call upon experts to support your case.

Don Harris knows the law, knows the system and can provide wise and experienced counsel that often provides the key to resolving challenging situations. He has a proven success record in achieving results through negotiation or mediation, and, where mediated results cannot be achieved, prevailing in litigation.

You want a divorce lawyer who knows New Mexico Divorce Law, is your strongest advocate, and will represent all of your interests and those of your children. Don has a long and proven record, over 20 years, in getting his clients good results. You also want an attorney who can connect you with the support structure you may need during difficult times. Please contact Don when you need help in getting the results you want.

When You Really Want Don Harris!

When divorces are not simple you want and need an experienced Albuquerque area New Mexico divorce attorney protecting all your interests; protecting your safety, protecting your children, and protecting your personal and financial future. As a highly experienced divorce lawyer, Don Harris makes sure that his clients get the full protection that New Mexico law allows and, when called for, the clients are supported by his team of professionals; accountants, medical & mental health professionals and financial advisors. Don and his team help to assure that both his client's present and future are equally protected!

If your family law issue or divorce goes to a hearing, you want to be the one with Don Harris at your table!

Divorce In New Mexico

Who can get a divorce in New Mexico? In order to file for a dissolution of marriage (divorce) in New Mexico, residency requirements must be met for the court to accept the case. The requirements are as follows: at the time of filing the petition either party has resided in this state for at least six months immediately preceding the date of the filing and has a domicile in New Mexico. The petition is to be filed in the county in which either spouse resides. Also, those serving in any military branch of the United States government who have been continuously stationed in any military base or installation in New Mexico for six months may be considered New Mexico residents and eligible to file here. Finally, if either you or your spouse were New Mexico residents prior to joining the military, and consider yourselves New Mexico residents and intend to return here, then you may be considered New Mexico residents for the purposes of filing for divorce in New Mexico.

What are the grounds for a divorce in New Mexico? The Petition for Dissolution of Marriage must declare the appropriate New Mexico grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows: No-Fault: incompatibility; Fault: cruel and inhuman treatment, adultery, or abandonment. In New Mexico, the "no fault" policy is deeply ingrained in the legal culture, and nearly all divorces are based on incompatibility to avoid having to prove one of the causes.

What else should be considered? Establishing residency and grounds are only the first, and the least complicated, steps in getting a divorce in New Mexico. Potential complications requiring sound judgment and guidance before the divorce decree is signed must be addressed. It is difficult and sometimes impossible to remedy such complications after the decree of dissolution is finalized by the courts. The Law Firm of Don Harris will guide you and counsel you in areas of child support, child custody, financial support, as well as valuation and distribution of assets before agreements or litigation occur.

more from Don Harris' Law Firm on NM Divorce Law

Divorce and Family Law Related Issues

New Mexico Family Law encompasses a great many areas and the legal strategy and results are highly dependent on a particular case's or client's circumstances. The Albuquerque Law Firm of Don Harris can assist you in addressing all of the legal matters related to Family and Divorce Law. On our Albuquerque Family Law web pages we provide pertinent information on many of the topics in this area but proper legal representation requires detailed discussions between the lawyer and the client on New Mexico Law and your particular circumstance.

To contact us for an initial consultation or for more information on Family Law matters you may call us or go to our contact page.

You may also click on any of the links below to get an overview of a number of common Albuquerque New Mexico Family and Divorce Law concerns:

Divorce Mediation
Divorce Litigation (Trials)
Divorce Decree Modification
Divorce Decree Appeals
Child Custody and Visitation
Child Support
Pre/Postnuptial Agreements
Spousal Support, Maintenance and Alimony
Domestic Violence and Domestic Abuse

Divorce Mediation

Divorce Mediation provides an alternate method to litigation for the resolution of a divorce or family law matter. The Albuquerque Law Firm of Don Harris believes that mediation should be the first course of action and only resorts to litigation if mediation fails. In New Mexico, the mediation process includes the submission of extensive information to the mediator by both sides, including counsel, prior to the initial meeting. Most cases can be mediated in a single full day or half day session, depending on the complexity of the case. Sometimes, two or three sessions of mediation could be necessary. In order to be successful in mediation, the client and the lawyer must be fully prepared; the case should be fully analyzed and full investigation of the facts and law completed. The final mediated document will be in the form of an agreement which will normally be incorporated into a proposed court order. The mediation process is by nature less-confrontational and less-adversarial and usually results in a successful settlement since all parties are committed to the mediated settlement.

Although mediation is the preferred course of action in a divorce case, you need a strong and knowledgeable advocate throughout the process. Mediation removes many of the adversarial aspects of a divorce but the Law Firm of Albuquerque Attorney Don Harris will protect your rights and provide you with the critical guidance needed concerning the consequences of each 'mediated agreement.'

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Divorce Litigation (Trials)

Divorce Litigation (Trials) are a last resort used by the Don Harris Law firm - only used if mediation fails. A traditional divorce in New Mexico involves the filing of a The Petition for Dissolution of Marriage in the District Court of New Mexico. Once the petition is filed, the parties engage in the discovery process which provides for disclosure of the assets, debts and earnings of the parties. Applications may be made to the court for temporary support, temporary custody or to compel the other party to produce discoverable information. The matter eventually is either settled by the attorneys on behalf of their clients or decided by a judge after a trial. The Divorce Decree, whether as the result of settlement or judicial determination, must address custody and visitation issues, child support, spousal support and equitable distribution. The Law Firm of Albuquerque Attorney Don Harris brings their formidable trial skills into the court room to make sure their clients are skillfully represented in all facets (financial, children's issues, spousal support, and personal safety).

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Divorce Decree Modification

Have circumstances changed significantly since your final divorce decree was filed? Have you made discoveries that were hidden by your spouse at the time of your divorce? Is the child support or alimony unreasonably low or high under the circumstances? Is the time sharing or custody arrangement with the children not working out? As a matter of right, you can seek a modification of your divorce decree if there were undisclosed and undivided assets in order to address undivided assets. With regard to matters such as custody, alimony and child support, you must be able to establish material and substantial change in circumstances. It is usually not difficult to establish these things if your divorce occurred, say, ten years ago. Over a decade, for instance, the courts understand that life circumstances change, and the "changed circumstances" requirement is not likely to be a significant issue. If the Divorce was very recent, the courts are less-likely to be receptive to a modification of custody, alimony or child support absent some truly unforeseen and significant event. The courts generally expect recently divorced people to live with the order for a while before seeking to change it. Events that generally amount to "changed circumstances" include job losses, promotions, children needing special considerations and can be reasons to seek Modifications of your Divorce Decree, even if the divorce decree was entered recently. The Family Law Firm of Don Harris can explain what the courts are likely to and likely not to consider and properly prepare the paper work so that your Divorce Modification petitions will be properly presented to the courts.

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Divorce Decree Appeals

Divorce Decree Appeals are significantly different from Divorce Decree Modifications! A Divorce Decree Appeal is, in effect, a claim that an error in law was made in your divorce case. These errors could be ones of the court, or either attorney. Appeals are complex processes, difficult to substantiate and you should expect the process to be slow and potentially expensive.

When you file an appeal you are claiming that the higher appellate court should "reverse" or overturn the lower (trial) court's decision in your divorce case. New Mexico law generally favors the finality of judgments, therefore, relief from a final judgment or decree of divorce is usually NOT available absent exceptional and compelling circumstances. You should also know that there is a very short time after a decree is entered during which New Mexico divorce decree appeals may be made (30 days). The Divorce Law Firm of Don Harris can assist you in timely assessing your case, the circumstances, and guide you and represent you in the appellate process.

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Child Custody and Visitation

"Custody" is a term that has a general or popular meaning and a specific legal meaning that are very different under New Mexico law. When people think of the parent who has "custody," they usually mean the parent who cares for the child most often. However, the term "custody" has a particular legal meaning under the law which means the right to participate in major decisions affecting the child, such as which schools to attend, the child's religion, which activities the child participates in, and medical treatment. In New Mexico, most divorced parents have "joint legal custody" of their children, even if one parent lives out of state or is only minimally involved in the child's life.

In New Mexico, when divorcing or separating parents engage in a legal dispute over "custody," they are usually only actually disputing the "time share." "Time share," or "time sharing," is the legal term in New Mexico for the amount of time, and how it should be divided, that is to be set forth in a "parenting plan" in the usual circumstance where both parents are minimally fit enough to have "joint custody."

There are very few divorce issues that need more attention and care than those involving underage children. Don Harris, with his wife Amy, are parents and adoptive parents. Don Harris is acutely aware of the need for appropriate custody and time-sharing arrangements. If one of the parents is an inappropriate custodian, Don will be a strong advocate before the courts for the children and the appropriate parent.

more from Don Harris' Law Firm on NM Child Custody

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Child Support

New Mexico uses "child support guidelines" which are established by the legislature and revised periodically. The amount is figured by formula, and not just a number the parents think is "fair" based on other financial obligations. Child support is based on both parents' gross income and take into account the number of children, health insurance payments and other child-benefit items. Don Harris's Law firm takes its clients through the processes and forms required by the State of New Mexico so that they know where the support will come from and how much it will be. It needs to be pointed out that the courts have latitude to adjust the guideline's amounts.

more from Don Harris' Law Firm on NM Child Support

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Pre- and Postnuptial Agreements

Prenuptial agreements are practical solutions to dealing with the problematic issues of finances in a marriage. Many couples are signing prenuptial marriage agreements. These are not just couples addressing financial inequality or necessarily couples who have a lot of individual wealth. These are couples who want to put all their financial cards on the table before they walk down the aisle. There are many reasons why prenuptial agreements may be desirable. A couple of examples are: preserve family ties and inheritance or the financial well-being of children from a previous marriage can be protected. If there are financial issues or concerns before you get married let the Law office of Don Harris guide you through the issues and the remedies.

Marriage is an emotional and legal union. If you married without a prenuptial agreement, your partnership became susceptible to New Mexico's marriage laws in the case of death or divorce. If you are a resident of New Mexico, this is a fact regardless if your marriage occurred in New Mexico or not. It may also be true if only one party is a resident. Unfortunately, these laws are vague and, in New Mexico, a judge makes decisions about property distribution should your marriage end. It's never too late to define and protect your own partnership. The process of creating a postnuptial agreement, a marriage contract created anytime after the wedding, can be a positive influence on both the emotional and legal dynamics of your relationship. Contact the Law Office of Don Harris and let them, along with qualified financial advisors, guide you in achieving an appropriate postnuptial agreement that protects your assets and their distribution.

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Spousal Support-Maintenance-Alimony

Spousal Support (also called "Alimony") can be awarded in a New Mexico divorce case, but the burden is on the spouse seeking the support to show why he/she needs it. Typically a couple must be married for at least ten years before the court will consider a request for alimony. People who only co-habitate, without being legally married to each other, are not eligible for alimony in New Mexico. The Albuquerque law firm of Don Harris has posted a copy of the New Mexico Revised Alimony Guidelines that our divorce lawyers use for reference.

In New Mexico, the spousal support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce settlement. Keeping this in mind, if you and your spouse are unable to reach an agreement on this issue, the District Court will order support from one spouse to the other on a case-by-case basis. There are 10 factors the court considers when making a decision regarding spousal support. These ten factors appear on our supporting page's link below but a "listing" of the factors cannot explain the complexities and information needed to substantiate the claims. For some marriages a Forensic CPA is needed to identify and valuate assets. The Law Firm of Don Harris teams with financial experts to assure their clients that all assets and liabilities are properly identified and quantified.

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Domestic Violence and Domestic Abuse

ZERO TOLERANCE AND IMMEDIATE PROTECTION FOR YOU AND YOUR CHILDREN The Albuquerque Family Law and Divorce Law Firm of Don Harris knows that Domestic violence is a crime and if you are being abused we will immediately assist you in preparing and executing a safety plan for yourself and for your children. As your advocates , our firm will take immediate legal actions to gain all of the protections the laws of New Mexico afford. Your safety and that of your children is paramount to our firm!

If you are in a relationship involving domestic violence and believe you are in immediate danger you should call 911 and, once you are safe, please call or contact our firm immediately.

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Don Harris Law, P.A., is an Albuquerque-based, New Mexico, divorce law firm which provides divorce and family law legal services and advice throughout the state. The majority of its clients reside in the Albuquerque, New Mexico, area, i.e., Albuquerque, Bernalillo, Rio Rancho, Las Lunas and Belen. But the firm can also represent clients statewide in Hobbs, Las Cruces, Clovis, Farmington and other New Mexico cities. Don Harris represents clients who reside in New Mexico and also non-residents when the legal proceedings are under New Mexico legal jurisdiction. Divorce and Family Law, as practiced by Don Harris Law, P.A., addresses all of a client's concerns; legal, financial, and emotional. Don attempts to settle divorce cases through mediation. If mediation is unsuccessful then the trial skills of Don and his firm the firm are brought into play. Don Harris is a well-known and respected Albuquerque, New Mexico, lawyer. Don Harris not only provides the legal divorce and family law advice and guidance expected of an experienced lawyer, he also works with other professionals such as financial advisors, CPAs and mental health counselors to provide the firm's clients with many of the services needed to get through their personal challenging times.

The hiring of a lawyer is an important decision that cannot be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Albuquerque divorce lawyer Don Harris

Albuquerque family law lawyer Don Harris

Albuquerque divorce & family law lawyer Don Harris

The Law firm of Don Harris
1120 Pennsylvania, NE
Albuquerque, NM 87110
PHONE: (505) 299-4529
TOLL FREE: (877) 1-877-299-8777
FAX: (505) 299-4524
E-mail: donh@donharrislaw.com

Divorce and Family Law

With offices in Albuquerque, Attorney Don Harris handles all New Mexico divorce and family law issues: divorce, dissolution of marriage, divorce decree modifications, child custody, child support, alimony, spousal support, division of property, pre-nuptial agreements, post-nuptial agreements,and domestic violence issues.

We are dedicated to meeting your goals and aggressive in protecting your rights and interests.

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