Avoid a TDO Misstep: NM Family Law and the Temporary Domestic Order
In all New Mexico family law proceedings, the court will issue a Temporary Domestic Order, or TDO, upon filing of your petition.
What is a TDO, you ask?
A TDO is a court order spelling out what you (and the other party) can and can't do during the course of your lawsuit. TDO’s include provisions for: child timesharing, use of and removal from the marital home, usage of marital property, provisions regarding excess debt, harassment, and other issues. Because it is a court order, it is enforceable.
In my practice, many issues come up regarding TDO’s. I often hear questions like:
Can I remove my wife from the car insurance?
Why can he be on the mortgage if I'm keeping the house?
Do I have to allow my husband time with our children?
My spouse is requesting I allow her or him to gather things from the house. Can I say no?
The answers to these questions vary, depending on the specifics of your case. So it is important that you speak with an attorney if you feel you or the other party may violate it. If someone is taken to court for an alleged TDO violation and the court finds in their favor, the court may not only order you to immediately fix the error, but also order reimbursement of the winning party's legal expenses. Repeated violations may be penalized more harshly.
Family law cases come with a lot of stress and emotion, which if not controlled, may make your case lengthy and pricey. It is critical that you speak with a knowledgeable professional to remain in compliance with all orders, especially the TDO.
If you have questions regarding a Temporary Domestic Order, contact Sunshine Legal for a conversation.
This blog discusses only general information about family, elder, estate planning, or probate law in New Mexico and is not legal advice. No information derived from www.sunshinelegalnewmexico.com can create an attorney-client relationship. No attorney-client relationship exists unless there is a signed writing by the client and Sunshine Legal or representative.
Sunshine Legal LLC
3321 Candelaria Rd NE Albuquerque, NM 87107
PO Box 52013 Albuquerque, NM 87181
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