Legal Question in Family Law in New Mexico

Re: Divorces and accident settlement

You need to supply more information. First, if the accident

occured after the marriage was over the answer is probably no.

However, if you have only filed for divorce and then the accident

occured and then you finalized the divorce but not the settlement

for the accident the answer is that she might have some interest

in the settlement. But, depending on the terms that were in the

final decree of divorce or in the marital settlement agreement the

answer could be a flat no. So, you should post a follow up and

state whether the motorcycle was purchased during the marriage. Then

state what was the terms of the divorce decree or marital settlement

agreement; i.e., was your personal property awarded to you? How was

the property divided? Was the motorcycle awarded to you? These are

just some of the questions that a lawyer will want to know before he or

she can answer the question fully.

You can usually obtain a no cost consultation with an attorney and

they can give you a pretty good picture of the likely outcome of your

issue. It might be worth your time to call the state bar of New Mexico

and ask for lawyer referral service for an attorney in your town.

Re: Divorces and accident settlement

If a personal injury claim arose during the course of your marriage your ex will have a claim to part of the proceeds. If it arose after the divorce, then she will not.

If it arose during the marriage, then why was it not specifically dealt with in the divorce? If it was not mentioned then the presumption is that it was overlooked and she will still have a claim to part of the proceeds.

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