Military Divorce helping you begin again

Military Divorce Attorney in Albuquerque

Name: Batley Riley Family Law
Address: 316 Osuna Rd NE, #301, Albuquerque, NM, 87107
Telephone: (505) 576-7296

Focused Guidance For Service Members & Military Families

Divorce is rarely simple, and when one or both spouses serve in the military, the legal and practical questions multiply. Orders can change, deployments can interrupt routines, and benefits earned over a career must be carefully addressed. If you are facing the end of a marriage that involves military service, you need clear information and a steady legal team.

At Batley Riley Family Law, we help military families connected to Albuquerque and throughout New Mexico navigate divorce, custody, and property division with structure and intention. We are from New Mexico, and we care deeply about serving families who live and work here, including those whose service has taken them far from home.

Our firm is built on three commitments: integrity, teamwork, and excellence. That means you are never left to figure this out alone. You have an entire team working with you to protect your children, your future, and the benefits you have earned through service.

Talk to a New Mexico military divorce attorney today—schedule a consultation online or call (505) 576-7296 to get guidance for your family.

Why Military Divorce Is Different

Military divorce involves all the usual questions about children, finances, and property, and it also adds another layer of rules, timelines, and real-world complications. A parenting plan for a service member must take into account deployments, temporary duty assignments, and the possibility of permanent change of station orders. New Mexico courts generally expect parenting arrangements that are realistic about those realities and still keep children at the center.

Property division also looks different when one spouse has military retirement, a Thrift Savings Plan, or other benefits earned through service. New Mexico follows a community property framework, so benefits that accrued during the marriage are often treated as marital property, and they must be addressed carefully in the final orders. Decisions made now can affect both spouses’ financial security well into the future.

Jurisdiction and residency can create additional questions. A couple might consider Albuquerque home, even if one spouse is currently stationed in another state or overseas. Whether a case can proceed in New Mexico often depends on where the spouses have maintained legal residence and other specific facts. A military divorce lawyer who understands these rules can help you evaluate filing options and timing so you are not caught off guard later.

Our Team Approach for Military Families

When you work with Batley Riley Family Law, you are not relying on a single lawyer to keep track of every detail in your case. Our firm is built on teamwork, so attorneys and professional staff collaborate to keep your matter moving, answer your questions, and prepare thoroughly for each step. For military clients and spouses who may be juggling duty, business responsibilities, and parenting, that depth of support matters.

We tend to attract clients who are solution-oriented, collaborative, and child-focused. Many are business owners or professionals who understand that time, energy, and reputation are limited resources. They want to resolve their military divorce with intention rather than endless fights, while still standing firm on what matters most: their children, their financial stability, and their long-term plans.

High-conflict custody issues can arise, especially when one parent worries about long absences or relocations. Our team has experience in complex custody disputes, and we work hard to keep the focus on what serves the children best. We help clients evaluate options such as detailed parenting plans, virtual contact while a parent is away, and provisions for changes when orders shift.

Mediation is a key part of how we serve military families. We are growing our mediation services, including mediating disputes between parties who already have lawyers. Lauren offers flat-rate mediation for families, which can be helpful for spouses who want a structured, predictable process to work through custody and property questions without a drawn-out trial. Members of our team are involved in Special Master work and advanced mediation training through organizations such as the American Academy of Matrimonial Lawyers. That training supports our goal of helping families reach durable agreements whenever possible.

Lauren's team took the utmost care during my case
“This was the best lawyer-client experience ever! Through every aspect of the situation, they always kept me informed & consistently one step ahead of the opposition. Lauren & Nikki's assistance helped me to win custody being a full-time father with my son! Hopefully I won't need to use a lawyer again, but if I do, I will call Lauren @BFL first.”

- Rick K.

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Meet Our Team

Key Issues in New Mexico Military Divorce

Every family is different, but certain themes appear again and again when military service is part of a divorce. One of the most important is custody and parenting time. When a parent serves at Kirtland Air Force Base or another installation, schedules can be demanding and sometimes unpredictable. Parenting plans must account for training cycles, potential deployments, and the possibility that one parent could be reassigned outside New Mexico.

New Mexico courts generally look for parenting plans that are detailed and child-focused. We work with clients to build arrangements that specify how transitions work, how make up time is handled when the military schedule interrupts a visit, and how parents will communicate about changes. For some families, this might include provisions for video calls when a parent is away, or for an extended time during school breaks to balance out missed routines.

Assets and debts form another critical area. When one or both spouses have military retirement, the marital share of that retirement needs to be identified and divided in a way that complies with federal rules and New Mexico law. There may also be a Thrift Savings Plan, real estate owned in more than one state, or investment accounts that grew during the marriage. Our team helps clients understand how these pieces fit together so they can make informed choices in negotiation or mediation.

Many of our clients are also business owners or have ownership interests in closely held companies. In those situations, the business itself is often the engine for the family’s income and long-term security. We spend time understanding how the business operates, what role each spouse plays, and how different settlement options could affect cash flow and control. The goal is to reach a resolution that allows the business to continue to function while providing a fair outcome for both spouses.

Throughout this work, we strive to keep the settlement on the table. We help clients prepare thoroughly for negotiation and mediation, so that when they sit down at the table, they know their options and the likely implications of different proposals. A military divorce lawyer who understands both the legal framework and the practical pressures on your family can help keep discussions focused and productive.

Frequently Asked Questions

How does deployment affect custody in my case?

Deployment usually requires a parenting plan that can adapt when you are away and when you return. Courts often look for specific provisions about make-up time, communication, and transitions. We work with you to design a plan that reflects your service obligations and keeps your children’s needs at the center.

How is military retirement divided in New Mexico?

In many New Mexico divorces, the marital portion of military retirement is treated as community property. The exact division depends on service years during the marriage and other factors. We help you understand what is at stake, explore options, and structure orders that comply with both state and federal requirements.

Can your team help us mediate our divorce?

Yes, we offer mediation for military families, including a flat rate option through Lauren. We also mediate cases where both spouses already have lawyers. Mediation can provide a structured, efficient way to resolve custody and property issues without extended litigation, which many service members and spouses prefer.

What if my spouse and I own a business?

If you own a business together, we look closely at how it operates, who runs it, and how it supports your family. We then discuss settlement options that aim to keep the business viable while reaching a fair overall outcome. Many of our clients are business owners, so this is a familiar concern.

How will I work with your team if I am stationed away?

We regularly work with clients who are stationed outside New Mexico or travel extensively. Our team uses secure technology, flexible meetings, and careful planning to keep your case moving. Because we are team-based, someone is usually available to help you stay informed and prepared, even when your schedule is demanding.

divorce fAQ's

A negotiated divorce involves both spouses working through their disagreements, often with the help of attorneys or mediators, to reach a settlement outside of court. While this type of divorce is legally contested at first, it can proceed as an uncontested case once couples reach an agreement on key issues and submit them to the court for approval.
The key difference between negotiated and uncontested divorces depends on whether the case is resolved by mutual agreement or through court intervention. If the couple cannot agree on all divorce-related terms, the case will proceed as a contested divorce.
Our lawyers are highly skilled negotiators who are committed to pursuing better outcomes for our clients through negotiation or settlement facilitation. Our goal is to achieve long-term, cost-effective, and beneficial results while limiting time in the courtroom when possible.
New Mexico is a community property state, meaning that family courts seek to divide property equally during a divorce. While this doesn’t necessarily guarantee a 50/50 split, property acquired during the course of the marriage is generally considered community property and is subject to equal division. There may be exceptions to this, such as individually owned gifts or inheritances. Our divorce lawyers are well-versed in these laws to help you protect your hard-earned assets and advocate for a just distribution.
If you and your spouse own a business together, you may be wondering who gets to keep it. This depends on numerous factors, including when the business was started and whether the business constitutes community property.
For example, if the business was started or grew significantly during the marriage, both spouses may be entitled to half. If the business was owned by one spouse before the marriage or acquired through an inheritance or gift, it may be considered separate property.
In some cases, the court may order one spouse to buy out the other’s interest based on its appraised value, or sell the business and divide the proceeds equally. No matter your situation, partnering with a knowledgeable divorce attorney is paramount to pursuing a favorable outcome and protecting your financial future.
To file for a divorce in New Mexico, you or your spouse must have lived in the state for the last six months and file a petition in the district court in the county where you or your spouse lives.
Albuquerque residents can file at the Second Judicial District Court located in the Bernalillo County Courthouse at 400 Lomas Blvd. NW. The Family Court is on the second floor in Room 240. Its hours include Monday through Friday from 8:00 AM to 4:00 PM.
The length of a divorce depends on the type of divorce, the complexity of the case and whether the parties can reach agreements on key issues. Uncontested divorces may take a few months, while contested divorces involving disputes over custody, asset division, or child support can take several months or longer. Our firm can work to streamline the process by guiding you through each step, protecting your rights, and working toward timely, fair resolutions that reflect your goals.
A divorce can have lifelong impacts on your life, relationships, and financial circumstances, making it critical to have an experienced attorney on your side. Some important reasons to work with our skilled divorce lawyers include:
- Protect your legal rights. From property division to child custody, we can protect your rights throughout the proceedings.
- Avoid costly mistakes. Our lawyers can guide you through the legal process and help you avoid costly mistakes that may delay or hurt your case.
- Reduce stress and confusion. We provide clarity and peace of mind to clients during some of the most emotionally difficult times in their lives.
- Negotiate fair agreements. Our attorneys can help you turn the page to a brighter future by advocating for a fair division of assets, debts, and support.
- Stay informed and prepared. We take the time to explain your legal options and help you plan for each stage of the divorce.
- Trial representation. If your divorce goes to trial, we can present your case effectively while protecting your interests at every step.

Your Life is
Unique & Complex

You shouldn’t settle for a one-size-fits-all approach.
You deserve a plan designed just for you.

How Our Process Guides Your Divorce

Uncertainty about the process is one of the biggest sources of stress in any divorce. We believe that a clear roadmap can make a difficult situation more manageable. When you contact our team, we begin with an initial consultation where we listen to your story, identify your priorities, and flag any immediate concerns, such as upcoming orders, safety issues, or urgent financial questions.

If we move forward together, we gather information about your service history, benefits, income, property, and your children’s needs. This often includes reviewing orders, retirement statements, and any existing parenting arrangements. For many clients, this is also the stage where we discuss jurisdiction and where the case is most appropriately filed, which may include the Second Judicial District Court in Bernalillo County if Albuquerque is the legal and practical home base.

Schedule a consultation with our New Mexico military divorce attorneys today—book online or call (505) 576-7296 to discuss your family’s needs.

When temporary arrangements are necessary, such as temporary custody or support orders, we explain available options and what the court typically considers. Our team prepares you for each step, whether that involves court filings, negotiation sessions, or mediation. For clients who are stationed away from Albuquerque or travel frequently, we rely on secure technology and flexible scheduling to keep communication consistent.

Mediation plays a central role in many of our cases. Lauren’s flat rate mediation option gives families a defined structure and cost for working through their disagreements, whether or not they already have lawyers. We also provide mediation services between represented parties, which can help move complex military divorce cases toward resolution in a more efficient and less adversarial way.

If you are preparing to meet with an attorney, these steps can help you get ready:

Gather recent orders, LES or pay statements, and retirement or Thrift Savings Plan summaries.
Make a list of your main concerns about your children, including schedules, schools, and support systems.
Outline your major assets and debts, including any business interests and real estate.
Write down upcoming dates that could affect your case, such as deployments or PCS windows.

Our goal is to provide structure and support so that each decision you make is informed by both the law and the realities of military life. Throughout the process, we keep you updated and involved, while handling as much of the legal and procedural work as possible.

Supporting Modern Military Families

Military families build their lives in many different ways. Alongside divorce and custody work, our team assists clients with assisted reproductive matters, including arrangements that involve fertility treatments or surrogacy. For service members and spouses who may need to time fertility treatment around deployments or training, having clear legal structures in place can provide peace of mind.

We have developed a streamlined approach to assisted reproductive work, with clear steps and expectations. This area of practice does not dominate our caseload, but it reflects something important about who we are as a firm. We care about helping families create and protect the futures they envision, whether that involves parenting plans, long-term financial security, or support for building a family in the first place.

Within our own workplace, we extend that same commitment to our team, including benefits related to IVF and an active community around assisted reproduction. For clients, this means you are working with a firm that understands modern family building firsthand and treats those choices with respect. That perspective carries over into our work with military families of many different structures.

Talk With Our Military Divorce Team

When military service and family responsibilities intersect with divorce, the stakes feel high. You deserve a military divorce attorney who understands New Mexico law, the realities of service, and the importance of protecting children and long-term stability.

At Batley Riley Family Law, we combine local roots, a team-based approach, and a strong focus on settlement and mediation. We work with service members, veterans, and military spouses who want thoughtful guidance, clear planning, and a firm that is not going anywhere. If you are ready to discuss your situation, we are ready to listen and help you chart a path forward.

Why Choose Batley Riley Family Law?

We Are Committed to Your Success
We Empower You to Make the Right Choices
You Will Have Your Questions Answered
We Will Help You Find Your Way Forward

Change Is Possible The good news is that you don’t have to do it alone

Let Us Be Your Guide

Let's Turn The page together

Reach out—your new chapter awaits

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