The stress of a divorce is comparable to the stress of losing a loved one through death. Even if you are excited about moving forward, it is natural to feel sadness about the process. However, many times, even if a person initiated a divorce, they did not want one. Betrayal, abuse, or other issues may have led to the divorce, which can lead to conflicting feelings that make the process even more confusing.
While the decision to divorce is—and must be—an emotional one, it is probably the last emotional decision a person should make in the divorce process. Emotions cloud people’s judgment and could cause even reasonable people to behave in ways that harm themselves in a misguided effort to hurt their partner.
A divorce is not about punishing the other party. Instead, it is about dissolving a partnership that is no longer serving its purpose. One of the primary jobs of an Albuquerque divorce lawyer is helping you keep that in mind so you can make logical decisions to put you in the best position after a divorce. Let a skilled family law attorney protect your interests and future.
People seeking a divorce in New Mexico have a choice—they can allege fault or seek a divorce on the grounds of incompatibility under New Mexico Statutes Annotated § 40-4-1. Also known as a no-fault divorce, people seeking a divorce under that section do not have to allege wrongdoing by a partner—they can simply state that due to incompatibility, there is no hope of the marriage continuing or the partners reconciling.
The statute also provides fault-based reasons for divorce. They include
One of the first important decisions that a person makes is whether to file for a fault divorce or a no-fault divorce. Alleging fault requires proving fault, which can make the divorce process more difficult, time-consuming, and expensive. Although it may feel like someone is getting justice to allege and prove fault, it can be self-defeating.
On the other hand, proving fault may help a party get a better settlement or award in a divorce. It can also have an impact on child custody decisions. An Albuquerque divorce attorney can help a person weigh the pros and cons of each position.
Deciding whether to file for a fault or no-fault divorce can have a significant impact on another decision—whether the divorce will be contested or uncontested. If one partner alleges fault, typically, the divorce will be contested. Very few people want to admit lousy behavior, even if they engaged in it.
Uncontested divorces are almost always a smoother process. The parties agree to the essential provisions of the divorce, such as the division of property, child support, child custody, and even spousal support. The parties can come to a decision—alone or with the help of professionals—and enter an agreed order. Unless the agreement is clearly unfair to one of the parties or keeps the children away from a parent without a reason, then the court is likely to approve the agreement.
Contested divorces are more complicated. In those divorces, parties do not agree on one or more of the essential issues in the divorce. They may fight over the division of property, child custody, child support, or other vital issues. In those instances, the couple asks the court to decide the issues where the couple cannot reach an agreement.
In most circumstances, an Albuquerque lawyer will encourage their client to try to reach a divorce agreement with the other party. Doing so saves time, energy, and money. Contrary to what many people believe, the parties can be on bad terms and still come to a fair and equitable uncontested divorce agreement. However, there may be some scenarios where it would be detrimental to a client—or to the children of the marriage—to agree to terms with the other partner.
Divorce is often emotionally devastating. It does not have to destroy you financially, as well. Getting the help of a competent and caring Albuquerque divorce lawyer could help you make rational decisions that are good for you in the long term instead of letting your emotions drive your decision-making. Schedule a case evaluation to learn more.
