Attorney
Getting a divorce in New Mexico used to feel like a game of Clue. One spouse had to point the finger and prove—with evidence, witnesses, and lots of courtroom drama—that their partner was the villain in the marriage’s demise. Was it infidelity in the hotel? Abandonment in the house? Cruelty in the living room? Without a solid accusation and supporting proof, a judge might not grant a divorce.
Fortunately, those days are gone. Today, New Mexico is a no-fault divorce state. This means there’s no need to blame anyone if your marriage is not working. It’s enough to simply state that you and your spouse are incompatible and wish to go your separate ways. No courtroom theatrics, no desperate search for evidence, and no drawn-out battles over who’s to blame.
Why No-Fault Divorce is a Better Approach
Ditching the need to assign blame makes the divorce process:
- Faster – Without the need for lengthy investigations, evidence-gathering, and courtroom arguments, no-fault divorces move more quickly through the legal system.
- Cheaper – Less time in court and fewer legal disputes mean lower attorney fees and court costs.
- Less Stressful – Divorce is already emotionally challenging. Eliminating the need to prove wrongdoing allows couples to focus on the future rather than rehashing the past.
- Better for Families – When children are involved, a divorce process that allows partners to split up amicably reduces conflict and helps parents transition to co-parenting more smoothly.
However, Evidence of Wrongdoing Might Still Play a Role in Your Divorce
While it is no longer necessary to prove your partner committed some sort of misdeed in order to get divorced, evidence of misconduct may still play a role in your case. When it is time to negotiate the division of assets or debts, set up spousal support payments, or create a co-parenting plan, you may be able to demonstrate you deserve better treatment if your former partner has been making poor choices.
- Marital Waste – In a community property state like New Mexico, both spouses share ownership of nearly everything acquired during the marriage. But if one spouse is using shared funds on an affair, gambling, or extravagant personal spending, you may be able to argue that that those expenses shouldn’t be split equally.
- Spousal Support – Evidence of a new live-in romantic partner or undisclosed income streams can impact negotiations over alimony.
- Child Custody – Risky behavior (such as excessive partying or reckless activities) can be relevant in custody decisions.
It is important to bring these issues to your attorney’s attention right away so they can be dealt with appropriately.
Serving Families with Dignity & Compassion
No-fault divorce means no more playing detective, no need to dig up dirt, and no winning or losing based on blame. If there is evidence of wrongdoing, it may be useful at the negotiating table, but it doesn’t need to be aired in open court.
So leave your magnifying glass and trench coat at home, and let Attorney Bob Matteucci help you craft a fair divorce settlement that allows everyone involved to move forward with their lives. Please contact Matteucci Family Law today to set up a meeting and discuss your case.