Top 10 Things NOT to Do When You Divorce
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
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;
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 NMSA
1978] 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.