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Myth Busting: The longer the marriage, the longer the divorce process.

By Bob Matteucci
Attorney

The longer you let issues impacting your relationship fester, the more difficult they are to address. Sometimes small problems you could have resolved, or at least talked to your partner about, can blow up and become the reason you get divorced. 

This link between length and difficulty could be why many New Mexico couples mistakenly believe the length of their marriage will make getting divorced more difficult. Fortunately for established couples, divorcing does not become more difficult the longer you have been married. In fact, many mature couples get divorced more easily than their younger counterparts. 

Being Married A Long Time Does Not Mean Your Divorce Will Be More Difficult

If you hear someone say you have been married for X years, so your divorce will take Y weeks to resolve, that person has no idea what they are talking about. 

Most couples in New Mexico come to an amicable agreement on how to end their relationship in a matter of months, no matter how long they have been married. Being married for a long time has no impact on the length of time it will take a New Mexico Family Court judge to take up your case or rubber stamp your divorce agreement. 

Being married a long time can, however, make it easier to negotiate a divorce settlement agreement. 

  • The longer you are married the better you understand what makes your partner tick. You are less likely to be shocked or upset by the requests they make at the negotiating table. 
  • The longer you are married, the more likely your kids are grown. Not having to create a parenting plan or calculate child support payments smooths the divorce process.
  • If things have been going poorly in your relationship for a long time you may already have begun to grieve and move on while you were still technically together. 

What Factors Do Make Divorces Take Longer?

Now that you know the link between the length of a marriage and the relative difficulty of divorce is a myth, you may be wondering what factors do make getting divorced more difficult. Attorney Bob Matteucci has identified a variety of things that can complicate the divorce process for couples in the Albuquerque area: 

  • The most important element is your attitude toward divorce. If you want to make each other’s lives a living hell, your divorce will take much longer to resolve than most. 
  • If you are doing it the right way, negotiating a child custody agreement can take time. Thinking about the long term and trying to craft a plan that will grow with your children takes longer than agreeing to a 50/50 split. 
  • Apportioning complex or illiquid assets is another big challenge. New Mexico’s community property laws give each spouse 50% ownership of the totality of all marital assets. Splitting these assets up often involves a fair amount of horse-trading (sometimes literally!) since things like businesses, real estate, and retirement benefits cannot be split down the middle like a bank account can be. 

These factors can vary significantly among marriages of similar lengths, proving that long marriages do not always result in long divorces. 

Serving Families with Dignity & Compassion

The length of your marriage has little impact on the difficulty you will face when getting divorced. Your attitude toward divorce, the presence of minor children, and your assets play a much bigger role than the number of anniversaries you have celebrated. 
No matter how long you have been married, Attorney Bob Matteucci is ready to help you navigate the divorce process and move forward with your life. Contact Bob today to schedule a meeting and discuss your case.

About the Author
Bob Matteucci is a board certified family law specialist, with a statewide practice in the area of divorce and family law.