At Genus Law Group, our family law attorneys know how difficult ending your marriage can be. Preparing for a divorce can be an emotional and financially trying time.

Just like in anything else in life, mistakes can happen. There are five important steps you can plan for as you embark on this path and you prepare to move on to the next phase of your life:  

 

Marriage Certificate

 

Mistake #1: Failure to Understand Where You are Financial.

You need to know as much as you can about your current bank accounts and your partner’s bank accounts. It is important to have access or know how to obtain access to all accounts including checking and savings accounts, investment, and retirement accounts to name a few.  You may also want to speak to your financial advisor about taking this next step. If you do not feel comfortable going to the financial advisor because of their relationship with your spouse, then seek out the advice of a different financial advisor.  

 

Mistake #2: Failure To Have An Emergency Fund.

Once your divorce is filed and your partner is served with paperwork, he or she may cut you off from access to bank account funds. Ensure that you are prepared if this happens so you can have enough resources to meet your basic needs. I recommend you have at least three months of funds to cover basic, minimal expenses. Once your divorce is final, it is possible to obtain court-ordered support from the other party while the divorce is pending. However, it can take anywhere from one to three months to get that processed by the court to receive the monetary support you need. 

 

Mistake #3: Failure To Make A Personal Plan To Leave.

You need to decide if you want to remain in or leave the home once the divorce is filed. It is not required for you to leave, but if you are uncomfortable with living under the same roof while the divorce is pending, you should plan as to where to live while your divorce is pending.  You will not be giving up any rights to the home or the property if you decide to leave temporarily. Many have a common, misinformed belief that leaving the house cedes their property rights to their partner, but this is untrue. Do not let this misconception prevent you from leaving if you are in an uncomfortable or harmful situation. 

 

Mistake #4: Failure To Document Everything.

If you decide you want to move out, document everything that you have left behind. If your partner moves out, document everything they removed from the home. You are encouraged to take pictures or create detailed written accounts of your belongings and theirs. Preserve all correspondence, including emails and text messages, between you and your partner about anything relevant to your divorce. Furthermore, the divorce process can make anyone feel helpless but with these tips, you can take the initiative to take care of yourself and your family. 

 

Mistake #5: Failure To Keep Your Divorce Off Social Media.

Social media has created a way for us to communicate with family and friends from anywhere in the world. However, talking negatively about your soon-to-be ex-spouse on social media can heighten the level of animosity between the two of you. Talking poorly about how bad a mother is on social media is not a good way to garner favor with the court. I always suggest if one wants an outlet to vent their frustrations throughout the divorce proceedings, keep it off all forms of social media, including emails and text messages between you and your spouse. Instead, seek comfort in close family and friends, or counseling through a mental health professional to help you cope with the anxiety of divorce.

How Can A New Mexico Attorney Help You

In deciding whether or not to pursue a divorce you should speak with an experienced Albuquerque family law attorney in Bernalillo, Sandoval, Santa Fe, or Valencia Counties in New Mexico. Genus Law Group has a team of experienced attorneys representing clients throughout the state of New Mexico. A licensed professional can go over your case with you and let you know what your options are. Contact us to schedule a consultation today at 505-317-4455 or chat with a representative anytime!

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