Attorney
To quote the high-octane, speed-obsessed hero of Talladega Nights, “If you ain’t first, you’re last.” It’s a motto that doesn’t make much sense in a race with multiple cars vying for the checkered flag, but it does carry meaning in the world of divorce.
Under New Mexico law, the person who files first (the petitioner) can influence the divorce process in a few different ways:
- Selecting a Jurisdiction — If you and your soon-to-be former partner do not live in the same area, the case will often be handled in the court where it is filed. Filing first allows you to select the jurisdiction you would prefer.
- Timing is Everything — Filing sets the divorce process in motion. Being the first to file allows you to set the pace.
- Protect Yourself While Your Divorce is Pending — When you file for divorce, the court may issue temporary orders that address important issues like asset management, spousal support, and child custody while your divorce is pending. As the petitioner, you can request specific temporary orders that protect your financial interests and ensure that assets are managed appropriately until the divorce is finalized. This can be particularly beneficial in high-net-worth cases where asset dissipation is a real concern.
- Signaling You Are Serious — Filing for divorce is an unambiguous sign that you are serious about getting divorced and ready to move forward with your life. This can set the stage for negotiations and may even encourage a more cooperative approach from your spouse, knowing that you are prepared and ready to move forward.
- Peace of Mind — Finally, filing first can provide peace of mind. Divorce is a difficult and uncertain time, and taking control of the process can help alleviate some of the anxiety. Knowing that you have taken the necessary steps to protect yourself and your future can provide a sense of stability during an otherwise tumultuous period.
With all this being said it is important to note that these benefits all relate to process and mindset. Attorney Bob Matteucci has found that filing first does not have a significant impact on the outcome of most divorces.
In fact, many couples in the Albuquerque area choose to negotiate their divorce agreement before heading to court. By filing the petition for the divorce at the same time as all the legal documents required to finalize the split, you take away some of the inherent tension that arises when one partner rushes to the courthouse. This can set you up for a more amicable ending.
Serving Families with Dignity & Compassion
Unlike a NASCAR race, where you are going to bump and rub a bunch of cars, divorce is a two person event. Filing first is not going to get you to the finish line faster, but it may give you some slight procedural and physiological advantages.
If you have questions about filing for divorce, or New Mexico’s divorce laws in general, Attorney Bob Matteucci is ready to “Shake and Bake” with you. Contact Bob today to schedule a meeting and discuss your case.