Dirty Divorce Moves in New Mexico

 

Do you have a gut feeling that something is wrong, and you are researching dirty divorce moves in New Mexico?  Do you suspect that a divorce is looming?  Do you feel that your spouse will handle your divorce with unclean hands and try every dirty trick in the book?

Not all divorces are a friendly hug-fest where the parties hold hands and sing hymns while staring at the majestic sunset.  Some divorces are dirty. Some divorces involve dirty tactics where one party attempts to gain a tactical advantage with shady actions.

Here are common dirty divorce moves in New Mexico that you should consider.

 

YOUR SPOUSE WASTES MARTIAL ASSETS BEFORE DIVORCE – DIRTY DIVORCE MOVES IN NEW MEXICO

 

New Mexico courts usually do not have jurisdiction (power) over money that is dissipated (wasted) before the divorce is filed and properly served.  New Mexico courts usually only have jurisdiction to divide assets, such as:

• Cars
• Homes
• Bank Accounts
• Household furnishings
• Stocks, bonds, IRA, 401k
• Personal items and property

Sometimes a spouse will waste assets before a divorce is filed.  Some examples of a spouse wasting money include:

• Gambling
• Lavish vacations or trips
• Buying expensive gifts for family and friends
• Cosmetic surgeries and body enhancements
• Using community funds to improve separate property
• Taking money from community bank accounts for personal use

Wasting money during a marriage is a dirty divorce tactic because New Mexico courts lacks power to divide community funds that are wasted during a marriage.

New Mexico courts usually “ . . . deny reimbursement of monies spent, but not to acquire an asset.  To do otherwise would be to invite litigation for accountings between spouses to determine who paid for the least significant thing.”  Click here for NM case.

In other words, New Mexico courts usually deny claims that money was “wasted” during a marriage when an asset is not acquired.  NM courts usually deny these claims to avoid the court becoming an accountant that judges the appropriateness of money spent during the marriage.

 

YOUR SPOUSE TRANSFERS ASSETS DURING THE MARRIAGE

 

Dirty divorce moves in New Mexico also include transferring property/assets to another party’s name before the divorce is filed and served.  Assets are often transferred because NM divorce courts usually only has jurisdiction (power) over the spouses’ assets – not assets held by family members or friends.

Examples of transferring assets during a marriage include:

• Selling cars, land, or other property to friends for pennies on the dollar
• Transferring title to cars, land, or other property to family or friends
• Gifting family or friends with community money
• Selling property for cash that is hidden
• Giving away property

 

YOUR SPOUSE RACKS UP DEBT BEFORE THE DIVORCE

 

Debt that is accumulated during the marriage is community debt that is split 50-50 upon divorce.  Debt that is accumulated in one spouse’s name alone, during the marriage, is community debt.  Because community debt is split 50-50, your spouse may rack up debt during the marriage in the following ways:

• Expensive gifts for family or friends
• Lavish vacations, trips, concerts, or events
• Expensive meals or entertainment that do not generate an asset
• Body enhancement and cosmetic surgeries

 

HIDING ASSETS DURING THE DIVORCE – DIRTY DIVORCE MOVES IN NEW MEXICO

 

A shady divorce trick is to hide assets during the marriage, creating discovery issues during the divorce.  Assets may be hidden during marriage in the following ways:

• Hiding money in unknown or offshore accounts
• Gifting money to family or friends
• Transferring money to family or friends
• Abusing the discovery process through delay tactics
• Undervaluing a property or business through shady appraisal
• Liquidating assets to cash that disappears before the divorce is filed

 

SPOUSE QUITS THEIR JOB, BECOMES DISABLED, OR REDUCES INCOME OR HOURS

 

Some spouses will purposefully lower their income to avoid spousal support or child support.  For child support and spousal support purposes, New Mexico courts can calculate a spouse’s income at the level of full earning ability. In doing so, NM courts determine if a spouse has acted in good faith to earn as much money as possible and if the spouse’s actions are reasonable under the circumstances.

A spouse may also reduce their income to reduce interim support payments while the divorce is pending.  Unlike spousal support and child support, interim support only divides a spouse’s actual income, and income is not imputed to full potential.

Be aware of your spouse purposefully reducing their income when a divorce is approaching.

 

CONFLICTING OUT TOP ATTORNEYS WITH CONSULTATIONS

 

Not all divorce attorneys are created equally.  Some divorce attorneys lack experience.  Other divorce attorneys may be past their prime and practicing law part-time and as hobby more than a profession.

A dirty divorce trick happens when a spouse meets with all the top divorce attorneys in your area to create a conflict of interest.  During the initial consultation, a spouse may reveal confidential information to prevent that attorney of firm from representing the other spouse.

An initial, confidential consultation can prevent your spouse from hiring a top attorney in New Mexico by creating a conflict of interest.  This move can cause your spouse to hire a less experienced, or skilled attorney.

 

DIRTY CUSTODY MOVES DURING A DIVORCE IN NEW MEXICO

 

Dirty divorce moves are not limited to assets and debts.  Sometimes dirty divorce moves extend beyond dollars/cents and into custody/timesharing issues.  Dirty custody moves during divorce include:

• Coaching the children to favor one parent
• Preventing a parent from seeing a child to create a limited status quo
• False claims of child abuse or domestic violence that result in a restraining order

 

DIRTY DIVORCE MOVES CAN BACKFIRE

 

Are you considering a dirty divorce move?  If so, you should also consider that dirty divorce moves can blow up in your face, causing long-term damage to your case.  Most NM judges have seen it all and have a six sense for judging credibility.

NM judges also have immense power to determine custody and timesharing, based on a child’s best interests.  A NM judge also has “equitable powers” to divide assets and debts based on equity and fairness.

Ultimately your judge determines the child’s best interests.  Your judge will view you through a distrustful eye if you appear to be entering the court with unclean hands and dirty motives.

All divorces are not created equally.  All judges are not created equally.  You may have an emotional and highly temperamental judge.  Your judge may sense shady behavior and use their “equitable powers” to divide assets and property based on the shady moves that happened during the marriage.  Likewise, your shady moves may cause your judge to grant the other parent sole legal custody, in the child’s best interests.

It is important to understand dirty divorce moves.  It is equally important to speak with an experienced attorney before considering shady divorce tricks.

 

(505) SANCHEZ HELPS YOU UNDERSTAND DIRTY DIVORCE MOVES IN ALBUQUERQUE, NEW MEXICO

 

Do you have questions about dirty divorce moves in Albuquerque, NM?  Matthew Legan Sanchez has over a decade of divorce trial experience  in Bernalillo, Sandoval, Santa Fe, or Valencia County in New Mexico. Sanchez can help you understand and avoid dirty divorce moves in New Mexico.  For more information about NM temporary restraining orders call (505) SANCHEZ.