Expect a deep dive from your security manager.

Having a divorce when you have secret or top-secret security clearance is no joke whatsoever. First, you need to file for divorce and fill out a standard form 86 with information about your new marital status. The U.S created the document to gather information on people with high clearance levels to conduct background checks and investigations on said individuals. So if you're a government worker getting a divorce, seek immediate guidance on what to complete with your security manager and a lawyer for the divorce process. Security managers will consider some of the following areas to critique during a clearance check, so expect to be questioned on citizenship, resident information, employment activities, and pages 36-41 section 17 (Marital/Relationship Status). The background check and evaluation process will continually happen during and after the divorce. Interviews will happen often, and questions about your form will be plentiful during the proceedings.

Be on your best behavior during the divorce process. 

Some things will be out of your control during the divorce process, so don't let your behavior be one of them. For example, your security manager might contact your ex-spouse for whatever reason during the divorce process, don't do anything that might negatively affect their point of view of you. Some things that your security manager could ask from your ex-spouse could be confirmation of residency, marital agreements during the division of community property, or domestic violence. These topics confirmed or denied might affect your eligibility to maintain your clearance level or compromise it entirely. Some of the issues you and your security manager cover will also be topics you discuss during the standard divorce process with your attorney. Make sure you understand what you want from your divorce and what you need to do to keep everything organized, keep up to date with your attorney, and work with them constantly as you work through your settlement. 

Make everything as fair and equitable as possible.

In states like New Mexico, things labeled as community property like bank accounts, debt, and real estate are separated more or less fairly and equally. However, variables like debt when undergoing background checks raise red flags for investigators. So, when splitting up property, whether it be community property you and your ex-spouse share, especially debt, make sure to split it evenly as possible.

We can make it happen. 

Everyone knows that the divorce process can be strenuous and needlessly complicated, so let an experienced new Mexico attorney give you a leg up. Our family law experts provide first-class service and unmatched customer assistance to people across New Mexico from our home location in Albuquerque. So if issues understanding your divorce become more than you think you can handle, contact us all at (505)-317-4455, text in our live chat hosted by Nicole with the bottom right, or schedule for consultation on our website.


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