What Makes a Divorce Complicated?

Divorce is rarely a simple process, but some cases are significantly more complicated than others. The complexity of a divorce depends on multiple factors, including financial disputes, child custody matters, business ownership, and the level of cooperation between spouses. In New Mexico, legal guidelines must be followed for property division, spousal support, and parental responsibilities, which can make the process more challenging for those with contested issues.

At Genus Law Group, we understand that every divorce is unique. Our experienced family law attorneys can help you navigate the complexities of divorce, protect your rights, and work toward a fair resolution.

1. High-Asset Divorces

One of the biggest factors that can complicate a divorce is high-value assets. When couples have significant property, investments, or multiple income sources, dividing these assets fairly can be difficult.

Property and Real Estate: Determining whether properties are separate or marital assets requires a thorough legal review. Real estate appraisals, mortgages, and ownership agreements must be evaluated.
Retirement Accounts and Pensions: Many retirement plans require qualified domestic relations orders (QDROs) to divide them correctly. Missteps in this process can lead to penalties and taxation issues.
Business Ownership: If one or both spouses own a business, it must be valued accurately. Determining how much of the business is considered marital property and whether one spouse must buy out the other adds complexity.
Hidden Assets and Financial Disputes: In some high-net-worth divorces, one spouse may attempt to hide assets. Uncovering offshore accounts, stock options, or cryptocurrency holdings often requires forensic accounting.

Because New Mexico is a community property state, assets acquired during the marriage are typically divided equally. However, determining what qualifies as marital property can be contentious in high-asset divorces.

2. Child Custody and Support Disputes

Divorces involving children can quickly become more complicated, especially when parents disagree on custody arrangements, visitation schedules, or child support payments.

Legal vs. Physical Custody: New Mexico courts generally favor joint legal custody, meaning both parents have a say in major decisions regarding the child’s upbringing. However, physical custody arrangements can vary, and disputes over where the child will primarily live can prolong the divorce process.
Relocation Issues: If one parent wants to move out of state with the child, it may require court approval. Judges will consider factors such as the reason for the move and how it will affect the child’s relationship with the other parent.
Parental Fitness Concerns: If one parent alleges neglect, substance abuse, or domestic violence, the court may order investigations, psychological evaluations, or supervised visitation.
Child Support Calculations: Disagreements over income reporting, medical expenses, and special needs costs can lead to contested child support cases. New Mexico follows state guidelines, but deviations may be necessary based on the child’s needs.

Because courts prioritize the best interests of the child, parents must present strong arguments and evidence to support their custody claims.

3. Contested vs. Uncontested Divorce

The level of conflict between spouses can make a divorce much more complicated.

Uncontested Divorce: When both parties agree on all major issues (property division, custody, support), the process is typically faster and less expensive.
Contested Divorce: If spouses disagree on one or more key issues, the case may require mediation, multiple hearings, or even a trial. The more disputes involved, the longer and more complex the divorce becomes.
Allegations of Marital Misconduct: While New Mexico is a no-fault divorce state, claims of abuse, infidelity, or financial misconduct can influence spousal support, custody, or asset division.

4. Spousal Support (Alimony) Disputes

Spousal support, or alimony, is not automatically awarded in a divorce. Courts consider multiple factors, including:

Length of the Marriage: Longer marriages are more likely to result in spousal support awards.
Income Disparities: If one spouse earns significantly more than the other, alimony may be granted to help the lower-earning spouse maintain financial stability.
Ability to Work: If one spouse sacrificed career opportunities to support the household, they may be entitled to rehabilitative alimony while they gain skills or reenter the workforce.
Health Conditions: If a spouse has a disability or medical condition that limits their ability to work, long-term alimony may be necessary.

Spousal support is often one of the most contested issues in a divorce, as it directly impacts the financial future of both parties.

5. Business and Professional Practices

When a couple owns a business together or one spouse operates a professional practice, additional legal and financial steps are necessary.

Business Valuation: A financial expert must determine the business’s worth and whether it qualifies as marital property.
Division of Ownership: Courts may require a buyout, continued joint ownership, or selling the business to divide the assets fairly.
Tax Implications: Selling or dividing a business may have tax consequences that must be considered in the divorce agreement.

Business-related divorces require legal and financial planning to protect both parties' interests while ensuring the company’s stability.

6. Debts and Financial Liabilities

Divorces are not just about dividing assets—they also involve splitting debts. In New Mexico, debts acquired during the marriage are considered community debts, meaning both spouses may be responsible for repayment.

Mortgages and Loans: If one spouse wants to keep the marital home, they may need to refinance the mortgage under their name.
Credit Card Debt: Determining which debts were personal vs. shared can lead to disputes.
Tax Liabilities: Past-due taxes or IRS debts must be addressed as part of the financial settlement.

Failing to account for debts properly can leave one spouse unfairly burdened with financial obligations.

7. Emotional and Psychological Factors

Complex divorces are not just legally and financially challenging—they are also emotionally draining. High-conflict divorces, especially those involving accusations of dishonesty, infidelity, or abuse, can take a toll on both spouses and children. Mediation, counseling, and strong legal representation can help manage the stress and ensure that decisions are made rationally rather than emotionally.

How Genus Law Group Can Help

At Genus Law Group, we specialize in handling complex divorce cases in New Mexico. Whether your divorce involves high-value assets, child custody disputes, business ownership, or spousal support disagreements, our attorneys can provide expert legal guidance to protect your interests.

Our team offers:

Strategic legal advice tailored to your unique situation.
Aggressive representation in contested divorces.
Mediation services to help resolve disputes without court battles.
Comprehensive asset and debt evaluations to ensure fair property division.

If you are facing a complicated divorce, don’t go through it alone. Call Genus Law Group at 505-317-4455 today to schedule a consultation and take the first step toward protecting your future.

Contact Genus Law Group Today!

Divorce can be complex for many reasons, including financial disputes, child custody conflicts, business ownership, and spousal support disagreements. The more factors involved, the longer and more difficult the process can become. Having an experienced family law attorney on your side is crucial for navigating these challenges and ensuring that your rights are protected.

If you need legal assistance with a complex divorce in New Mexico, contact Genus Law Group at 505-317-4455 or Contact Us through our website for expert guidance. We are here to help you move forward with confidence.