New Mexico Petition for Divorce form along with glasses and pen.


There are many ways that you can ruin your Albuquerque divorce case.  Before you begin your divorce case journey, read our five tips on how you will ruin your divorce case to make your case go smoother.  As always, advice from an Albuquerque divorce lawyer will help you understand your rights and obligations throughout the divorce process:


#1.  Being the first to file divorce paperwork. 

Filing first does not matter in most cases.  Does it set the tone for the rest of your divorce, of course?  It puts the other person on notice you are serious about ending your relationship and you are ready to move on.  If you do not have your affairs in order before you file because you are rushing to file first, you may put yourself at a disadvantage.  Affairs should you be concerned about are where will you live, finances, access to important documents, and what about your children if you have any.  There is nothing wrong with filing first, just be prepared for what will follow once you do.


#2.  Settling on bad terms. 

After the divorce has been filed you probably just wanted to be over and done with. Oftentimes with divorce, one party may decide that they just want to sign whatever paperwork is put in front of them. This is not a good idea because you might settle on some terms that are not favorable to you in the long term.  You should really think about the effects of settling your case before you sign paperwork. Now, this is easier said than done especially when you just want to put a bad marriage behind you. Remember your settlement agreement will dictate your relationship post-divorce with your ex-spouse and if you have children your relationship with them. You should take the time to consider what you really want before you settle and then make sure that's included in any settlement agreement that you ultimately sign.


#3.  Being unreasonable as you attempt settlement. 

Divorce is an emotional and financially trying process. Often times if you are upset that the other party because they committed an act of infidelity or abuse, it may prohibit you from reasonably settling the case. Your feelings about what happened to you are completely justified.  If you are going to be mean to the other party just to be mean, completely unreasonable you will damage your case and prolong the inevitable, your ultimate divorce. If you are letting your chances of settling your case dwindle because you are angry and you are being spiteful towards your soon-to-be ex-spouse you could ruin your case by your behavior.


#4.  You moved out of the marital residence. 

There may not be a reason why you should move out of the marital residence before you are divorced.  When you move out it may put you at a disadvantage during marital settlement negotiations. Where you may still have a community interest in the property in your home, oftentimes after you move out certain property grows feet and disappear.  Additionally, if you do not have a place to live before you move out but decide to move out then you may find yourself temporarily homeless. No absent domestic violence or abuse the court generally will allow the parties to remain in the marital residence as long as the parties can live peaceably together while the divorce is pending. Don't move out unless you have a plan and ensure that you have taken a full inventory of the community property in the home before you leave.


#5.  Doing divorce paperwork yourself. 

A common way you will ruin your divorce is by doing the divorce by yourself. There are so many options out there to do your own divorce. and in some cases, it may be appropriate. I have found in most cases that they are not and it could be the number one reason for ruining your divorce. Your divorce may seem simple but it is very complex. The longer the length of your marriage the more difficult your case will be.  It will probably take longer to resolve your divorce because longer marriages are usually are more complex to settle. In the more complex divorce cases the longer your divorce goes on, the more prone you are to make mistakes in your do-it-yourself divorce. You should seek the advice to have an Albuquerque divorce lawyer to ensure your rights are protected and that you do not ruin your divorce.


How to Start the Divorce Process

Your first step should be contacting a local family law attorney. While you may be able to get divorced on your own if you don’t have children, assets, and you have great communication with your soon-to-be-ex and you guys are in full agreement about how to divide everything, this is usually not the case. It’s important for you to have an expert in your corner who is looking out for your best interests and who understands the ins and outs of NM family law court. The Albuquerque divorce and custody lawyers at Genus Law Group offer one on one, personalized consultations where we go over your situation, what your rights and options are, and how we can help. Unlike the other large family law firms in New Mexico, Genus Law only practices Family law. That means all of our time, energy, skill and training is focuses on the newest developments in New Mexico family law. We know the ins and outs of family law courts and how to get the best outcome in your case.

If you need help, call 505-317-4455, contact us, or chat with an online representative now and book your consultation with Albuquerque's best divorce lawyers.

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond
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