Our New Mexico Divorce Lawyers at Jay Goodman & Associates recognize the stress faced by those who are dealing with the serious of transitions involved in the divorce process. The parties to a divorce must cope with changes in their relationship with their children, their available household income and the loss of a helpmate to assist with family and household responsibilities. Sometimes a spouse contemplating divorce does not consider the emotional impact of dividing up one’s property.
While the process of dividing your real and personal property in New Mexico is typically referred to as the “division of community property,” this phrase fails to capture the emotional impact of surrendering heirlooms, family pictures and other items with a sentimental value that far exceeds an item’s market value. When you are dividing your marital property, the old beat up recliner that has been with you from the beginning and the gaudy wall hanging that you have been trying to convince your spouse to trash for years represent the story of your life as a couple.
It is common for couples to grieve for the loss of a marriage – even one that is unworkable. This loss may be felt most intensely when undertaking the process of conducting an inventory of all that you own and deciding who gets what. While retirement accounts and cash in your savings account are fungible assets that can easily be replaced, it is not uncommon to suddenly find your spouses wall hanging that you always found so hideous during your marriage as something with treasured memories that you are hesitant to relinquish.
Our attorneys understand these emotional challenges, but also recognize that when not handled appropriately they can make the divorce process more difficult. Parties motivated by pain and grief may elect to fight over a broken washing machine that has been sitting in the garage waiting to be fixed for five years because it belonged to one of the parties beloved aunts. When parties are coping with the intense emotions that are a natural part of the deterioration of a marriage, an item with no monetary value and nominal sentimental value to one of the parties can become a weapon used to inflict pain on the other party to the divorce. These are the types of tactics that lead to contentious, stressful and expensive divorces.
There will always be property, such as a child’s first summer camp craft project that will have emotional importance to both parties. If spouses can be reasonable and fair with each other in dividing up these sentimental reminders of their years together, the divorce will be easier on both spouses and their children.
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
If you have questions about dividing your property and debts during a marital dissolution in New Mexico, the Santa Fe Divorce Law Firm of Jay Goodman and Associates offers legal advice and representation in the full spectrum of family law issues and offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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