Ways to Avoid Getting Washed Away During Contested and Uncontested Divorce

 

Don’t let your case get washed away during contested and uncontested divorce.  Bad divorce moves can leave you feeling lost at sea without a compass.  Fortunately, there are ways to avoid bad divorce moves that can sink your case.

Here are five ways to avoid getting washed away during divorce.

 

GET YOUR HEAD OUT OF THE SAND

 

 

Divorces are hard. Even amicable, uncontested divorces are often life-altering.  Nonetheless, pretending that your divorce will disappear may sink your case.

In New Mexico, either spouse can request a divorce for basically any reason.  Putting it differently, New Mexico does not require abuse, abandonment, or fault to grant a divorce.  Usually, one side requests a divorce citing incompatibility, or irreconcilable differences.

Are you facing a divorce?  At the risk of sounding like a High School coach: get your head out of the sand and into the game.  Denial is a horrible divorce strategy.  Instead, speak with the best divorce attorney immediately.

 

UNDERSTAND NEW MEXICO CONTESTED AND UNCONTESTED DIVORCE LAW

 

It is essential to understand New Mexico law when facing a contested or uncontested divorce.  All marriages are unique.  Consequently, all contested or uncontested divorces have unique facts and circumstances.  Your marriage’s unique facts impact your divorce.

For example, alimony/spousal support is different for short and long marriages.  Moreover, alimony is primarily based on need and ability to pay.  However, need and ability to pay varies with each marriage. Consequently, it is difficult for the internet to provide a “one-size-fits-all” explanation about how alimony applies to your unique marriage and divorce.

Not all uncontested and contested divorce issues involve a simple yes or no answer.  Many divorce questions are answered with the classic lawyerly response: “it depends.”  Your marriage’s unique facts impact how divorce laws apply to your contested and uncontested divorce.

Child full custody and parental visitation depend on your unique facts.  In turn, child support largely depends on visitation and income.

Child legal custody and parental visitation are based on a child’s best interests.  What best serves a child is a big gray area that varies from case-to-case.  In other words, there isn’t a standard “copy-and-paste” answer how your unique judge will determine visitation, based on your unique marriage.

A contested and uncontested divorce lawyer or attorney in Albuquerque can explain how NM law applies to your unique marriage.  This essential information can help you better understand how marital property/debts are divided.

Are children involved with your divorce?  If so, a divorce and child legal custody lawyer can help you avoid mistakes that can leave your child full custody and parental visitation case shipwrecked.

 

AVOID MANIPULATION TACTICS — WASHED AWAY DURING CONTESTED AND UNCONTESTED DIVORCE IN NEW MEXICO

 

An experienced attorney can help you identify and avoid manipulation tactics.  Some spouses use guilt manipulation to achieve results that are better than NM law.  Occasionally, one party uses guilt to get the other party to waive child support or alimony.

For example, one spouse may use the reason for divorce (e.g. infidelity) to get the other spouse to waive child support or alimony.   Under NM law, alimony and child support are not based on fault.  Nevertheless, a spouse may use fault as a manipulation tactic.

One side may also use guilt to achieve a visitation schedule that does not reflect the child’s best interests.

Don’t be distracted by manipulation tactics.  Instead, speak with an experienced attorney.  An experienced attorney can help you understand how NM laws apply to your contested and uncontested divorce.

 

FOLLOW COURT ORDERS

 

As mentioned above, uncontested and contested divorce laws contain many gray areas.  Additionally, judges have big power to decide divorce issues such as alimony, child legal custody, and parental visit.  Finally, it can be very difficult to overturn a judge’s decision on appeal.

First impressions matter.  Consequently, you do not want to begin your divorce by making a bad first impression with your judge.

Most judges get angry when their orders are not followed.  Therefore, violating your judge’s order will leave a bad taste in your judge’s mouth.  In turn, this bad taste can sour and sink your divorce.

 

SET REALISTIC GOALS — DON’T GET WASHED AWAY DURING CONTESTED AND UNCONTESTED DIVORCE

 

Goals are awesome.  With that said, goas need to be realistic.

For instance, have you set a goal to get sole legal custody?  If so, are there legitimate safety concerns surrounding the other parent?  Additionally, has the other parent always been involved with the child?  Under NM law, children are best served when raised by both parents.  Moreover, most NM judges heavily lean towards child joint legal custody.  As such, depending on your divorce’s facts, achieving sole legal custody may be an unrealistic goal.

Do you have a goal to avoid child support or alimony?  Once again, depending on your case’s facts, this goal may not be realistic.

Finally, have you set your mind on 50-50 visitation?  Is it your goal to get 50-50 visitation despite the following:

• A bond has not been established between you and the child?
• Since separation, you have had minimal visitation and/or contact?
• Domestic violence was present during the relationship?
• Mental health or substance abuse issues pose a danger to the child?
• A restraining order of protection has been entered?
• CYFD has substantiated abuse/neglect?

In any of these situations, 50-50 visitation may not be a realistic goal.  In other words, your goal may not align with the judge’s beliefs regarding the child’s best interests.

Speak with a seasoned divorce attorney about your goals.  By doing so, you can achieve a better understanding for how your goals align with the realities of NM divorce law.

 

FINDING ALBUQUERQUE’S TOP CONTESTED AND UNCONTESTED DIVORCE LAWYERS FOR MEN/WOMEN

 

(505) SANCHEZ can help you from feeling washed away during divorce.  For more than a decade, Sanchez has handled uncontested and contested divorces across New Mexico.   Sanchez is one of the best child legal custody and domestic violence lawyers or attorneys in New Mexico.  Speak with someone that understands NM law.  Speak with (505) SANCHEZ.