When it comes to divorce, many assume that the longer a marriage lasts, the more complicated and drawn-out the process becomes. But is that the case? While the duration of a marriage can influence certain aspects of separation—like asset division or spousal support—it doesn’t always mean a lengthier or more contentious divorce. Here you can understand the facts and prepare for what lies ahead. If you have any questions whatsoever, just give our offices a call. We are here.
The popular television show MythBusters tackled a lot of different topics during its 16 seasons, but for some reason, the hosts never explored the rumors and myths surrounding divorce–a subject ripe for exploration. Why focus solely on exploding toilets and validating the moon landing when there’s an opportunity to debunk common misconceptions in family law?
There’s a treasure trove of content to uncover, but a prime starting point could be the myth asserting that the duration of a marriage directly impacts the length of the divorce process. This is a common misconception, particularly in community property states like New Mexico.
Taking a closer look at the divorce process, and considering what factors actually make a divorce take longer, could quickly bust this myth.
Understanding the Divorce Process
Getting divorced is a fairly straightforward process. You decide you want to split up, file a short petition for dissolution of marriage with the court, then negotiate a marital settlement agreement that addresses big issues like the division of assets, child custody, and support payments.
It’s so easy the New Mexico court system actually has self-help forms that some couples can fill out and file and get divorced without the assistance of an attorney.
Most people, however, prefer to work with an attorney to make sure their interests are protected and all the required paperwork is properly drafted.
As you can see, the length of time a couple is married does not impact this process, busting the myth that a longer marriage means a longer divorce.
Factors That Influence the Divorce Timeline
When the Myth busters busted a myth, they would often try to find a way to make what was supposed to have happened happen — especially if it involved an explosion! So let’s talk a little bit about things that can cause a typical divorce to implode:
The most important element is your attitude toward divorce. If you and your former partner are looking to the future and ready to figure out what comes after the divorce, everything can be resolved more quickly.
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 the 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.
Efficient Divorce Strategies for Any Marriage Length
Regardless of how long you have been married and how complex your divorce may be, there are a few things you can do to speed up the process:
• Remember that nobody can “win” a divorce. Dwelling on the past or attempting to use the divorce to get revenge will not serve you well.
• Consider a mediated or collaborative divorce if you foresee having difficulty agreeing on certain topics. • Hiring a neutral third party to help you navigate thorny issues can be a huge time saver.
• Communicate your post-divorce goals and plans to your attorney. He or she can then help you reverse engineer your divorce to help set you up for success.
The Role of Legal Representation in Divorce
One final tip for smoothing your path to divorce is to work with an experienced family law attorney.
A seasoned attorney has seen cases like yours before. Seasoned attorneys can anticipate where trouble might arise and help you avoid it.
The myth that longer marriages result in longer divorces is officially busted. 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.
Those who don’t typically have complex assets to divide up or need time to figure out how to co-parent. Even in these situations, working with an experienced family law attorney—who knows when to advocate for you at the negotiating table and when it is time to bring in a neutral third party like a mediator to resolve tricky disputes—can help you find a solution that smooths the path to your post-divorce life.
Ready to navigate your divorce with confidence? Our experienced ZagerLaw Florida family law attorneys can help you protect your rights and talk about your unique situation. Contact us today at 954-888-8170, or email [email protected]. We can also be found on Instagram here.
Reference: [https://www.hg.org/legal-articles/myth-busting-the-longer-the-marriage-the-longer-the-divorce-process-66883]