Legal Question in Family Law in New Mexico

Married 12years.. 3 kids.. under age of 11. I was 17 he was 35 when we got together. He's been working and taken care of the family.We live in NM. Can I kick him out? Can I take the kids and leave? Can he say I'm kidnapping them if I take em? Nothing has be filed with the court we are still legally married. We have came to the conclution today to seperat.. but he refuses to leave. I can't live in the same place with him and make a new start. What is the best way to protect myself and have the court see me in a good light instead of the mother who kicked the father out.


Asked on 11/21/10, 8:40 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The best way is for you to end the marriage through divorce, at which time the court will establish a a custody, support and visitation schedule for the children. If you wish to kick him out because your relationship is adversely affecting the children, you will be viewed in a good light. If your marriage is over, there are serious drawbacks to staying married, such as having to pay his bills as NM is a community property state. Consultation with a divorce lawyer is decidedly in your best interests.

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Answered on 11/26/10, 9:57 am


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