505.944.0372

423 6th Street NW, Albuquerque, NM 87102
info@davidsonlawnm.com
 505.244.8816 (fax)
Family Law Practice Areas

Child Custody, Timesharing and Support
We approach our cases with sincerity and respect, and we recognize our responsibility not only to our clients, but also to promote and protect the best interests your children.

Divorce
We work with men and women throughout the course of a divorce proceeding. We are here to help you through your divorce and into healing – successfully.

Domestic Violence
Many family law disputes involve violence or the threat of violence, necessitating protection orders. We are experienced at getting their clients the protection from violence they need with orders of protection.

Grandparents Rights
Grandparents may be awarded visitation during or following a court proceeding pertaining to paternity, legal separation, or dissolution of a marriage.

Guardianship and Conservatorship
A guardianship or conservatorship is a legal right given to a person to be responsible for the food, health care, housing, finances and/or other necessities of a person deemed fully or partially incapable of providing these necessities for himself or herself.

Invalid Marriages
Marriages can be declared invalid for a variety of reasons, including whether a party entered into the marriage under duress or based on fraudulent circumstances, or if one party was already legally married at the time of the second marriage.

Legal Separation
The major difference between a legal separation and a divorce is that the parties remain legally married at the end of the case.

Paternity
When an unmarried woman has a child, an official act is needed to establish the legal father of the child.

Post Decree Modification of Custody and Support
The child custody modification action is brought in order to change the parent named as the custodial parent in a parenting plan, who is the parent with whom the children live the majority of the time.

Relationship Agreements
By making relationship agreements before marriage about how property and finances should be divided if the marriage ends, parties can potentially avoid expensive and confrontational divorce litigation.
LEGAL SEPARATION

Unlike divorce, a legal separation does not put an end to the marriage. During a legal separation, you have a court order that outlines the rights and responsibilities of each spouse while they are living apart. You remain legally married while choosing to live separate lives. Issues that can be addressed in a separation agreement are division of assets and debts, child custody and child support, visitation schedules and spousal support.

The same issues addressed during the divorce process are also addressed in a legal separation agreement. A legal separation can protect your interests until the decision is made to file for divorce. The separation agreement also sets precedence for the divorce that may follow. If you divorce after a separation and your case goes to court, a judge is likely to assume that since you were satisfied with the legal separation agreement, the agreement should carry over to the divorce settlement agreement. For that reason, it is important that you come to a separation agreement you can live with for a long time.

Legal separation actions are fairly uncommon. However, in some instances legal separations are a good alternative to divorce actions if both parties are in agreement.  The major difference between a legal separation and a divorce is that the parties remain legally married at the end of the case.

Some couples may have strong religious convictions that require them to avoid a divorce. In some instances, older couples who no longer wish to live as husband and wife may separate their affairs through a legal separation, but continue to be legally married which can often avail one or both spouses to continued insurance or other benefits that are conditioned on the existence of a legal marriage.

Legal separation actions resolve the same issues that would be resolved in a divorce, such as child custody and parenting plan issues, child support, property and debt distribution, and spousal maintenance.

Common Issues in Legal Separation actions

  • Division of Marital Assets
  • Alimony
  • Your Finances
  • Protecting Your Professional Practice
  • Child Custody and Visitation
  • Child Custody Disputes
  • Move-Away and Relocation
  • Child Support
  • Military Legal Separation
  • Pre- and Post-Nuptial Agreements
  • Family and Domestic Violence
Please contact the Law Office of Clifton L. Davidson, LLC if you would like to discuss the pros and cons of legal separation versus divorce.

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Telephone: 505.944.0372
Facsimile: 505.244.8816
email: info@davidsonlawnm.com
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Disclaimer: This web site is designed to provide general information only. The information provided is presented for informational purposes and should not be construed to constitute legal advice nor is it intended to create an attorney/client relationship. Our law offices require the execution of a written retainer agreement before any legal services are rendered.