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?


Asked on 1/08/01, 7:08 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

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.

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Answered on 1/11/01, 7:50 am


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