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Domestic Violence

Top 10 Things Not to Do During Your Divorce


Top 10 Things NOT to Do When You Divorce

Here are the top 10 tips onwhat to avoid when filing for divorce.

1. If you’re a woman, don't get pregnant. If you’re a man don’t get anybody pregnant.

Having a new baby during the pendency of your divorce is problematic. Not only is not healthy for you or the baby, but it can be off-putting to the Court should the judge find out. Likewise, if you’re a man, don’t get anybody pregnant. Although New Mexico is a no-fault state, the Court won’t be happy to hear that Dad has a new family in the making before he’s even divorced.

What Do Judges Look at When Making Child Custody Decisions?


In my fifteen years of experience, I have found that courts (not always to be sure) try to make child custody decisions based on what is in the child’s best interest; simple as that.

Typically, the judge weighs a number of various interrelated factors. While the factors vary from state-to-state, they may generally include:
  • The strength of each parent-child relationship. This is called "bonding". Sometimes a judge will hear evidence about the parent-child bond through a therapist's testimony;

How do You get an Order of Protection---Family Violence Protection Act

I get a lot of questions from people asking how they can go about getting an order of protection from domestic abuse. There's a lot of rumors and "common knowledge" out there about TRO's and Orders of Protection. Here's the law taken from Section 40-13-3 NMSA 1978 commonly called the Family Violence Protection Act:
 
A. A victim of domestic abuse may petition the court under the Family Violence Protection Act [40-13-1 NMSA1978] for an order of protection.

B. The petition shall be made under oath or shall be accompanied by a sworn affidavit setting out specific facts showing the alleged domestic abuse.
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