2440 Louisiana Blvd. NE, Suite 530 | Albuquerque, NM 87110 | (505) 830-6563

Divorce Debunked - Filing First

If you’re in the unhappy position of seeking a divorce, or fearing that your spouse may wish to dissolve the marriage, you may have received a lot of advice from your friends and loved ones. Some of that advice may be useful, but much of it is not.


Some divorce-related advice is just plain bad. 

For instance, many people believe that it’s essential to file first. That’s often portrayed on TV courtroom dramas, where a person filing for divorce is seeking child custody or attempting to force the soon-to-be-ex spouse to provide equitable financial support. However, filing first does not provide the advantages many people believe it does, especially with a no-fault divorce in a state like New Mexico where divorce laws are equitable and fair.

It is true that the petitioner – the person filing for divorce in a no-fault case – sets the initial tone for the divorce, such as grounds, child custody, spousal support, and possession of marital assets. However, the respondent – the other spouse – is not powerless. Especially when represented by sound legal counsel, a respondent can effectively counter whatever claims the petitioner has made and receive a fair resolution.

In fact, the role of the petitioner in a divorce case carries a significant amount of responsibility. The petitioner must have correct information about the other spouse and any children, including addresses and Social Security numbers. Of course, there are exceptions, specifically when the petitioner is alleging that the other spouse is hiding assets, or is keeping the petitioner from seeing the children, when the petitioner cannot supply this information. The court makes allowances for such circumstances. 

If you’re worried about whether you should file for divorce first, or if your spouse has already filed, we can help. Check out our video for more information on why it really doesn’t matter who files first. You’ll also learn how Frazier Law Office works with our clients to strategize how to approach the divorce process – as a petitioner OR a respondent. The bottom line is this: as long as you have good legal representation, you should not be at a disadvantage, whether or not you file for divorce first. 

If you need a divorce attorney, give us a call today. We’ll take it from there. 


See Sean and Crystal’s take on filing first right here:




We practice in all areas of divorce and family law including:

  • Women’s Divorce
  • Men’s Divorce
  • Military Divorce
  • Legal Separation
  • Paternity
  • Child Custody
  • Timesharing
  • Child Relocation
  • Child Support
  • Alimony
  • High Asset Cases
  • Community Property Division
  • Division of Community Debt
  • Division of Retirement Assets
  • Protection of Separate Property
  • Enforcement of Orders
  • Modification of Orders
  • Mediation
  • Domestic Violence
  • Grandparents’ Rights
  • Guardianships
  • Guardian Ad Litem
  • Adoption
  • Prenuptial Agreements
  • Uncontested Divorces


See what our clients have to say:

From Joann:

"All members of this law practice were well informed and very kind and considerate to me during the very emotional and complex process of dissolving my 34 year marriage. They understood the intricacies of dealing with challenging manipulations by opposing counsel who was led by my spouse's lack of follow through regarding the home property. At all times, I was treated with the utmost respect whenever I contacted the office no matter my emotional condition. This law practice was warm and supportive during moments of tricky litigation regarding our pension equalization. They kept in contact with me even when I was out of town so that we could file motions in a timely manner. They advised me appropriately when I wanted to seek more, understanding from experience that certain offers were adequately appropriate. In follow up, they were family oriented and shared their family events when I shared mine. I have referred close family friends in need of family law services and have been thanked by these friends for the quick and knowledgeable resolution of their problems. I will gladly refer other friends and acquaintances to this law practice. They were able to attend to both the younger family with minor age children and the more mature couple with pensions resolving all conflicts in favor of their clients.
This law practice KNOWS family law!"
From Linda:

"Our daughter hired Bo Frazier as her attorney in a long drawn out 4 year divorce, and anytime I called or emailed them, their response was within a day. We live in Hobbs, and the firm is in Alb. but it didn’t matter, things were addressed quickly.

If you want an excellent firm to fight for you, choose Frazier Law Firm."





If it involves divorce or family law, we can help you!


1110 Pennsylvania Street NE Suite C | Albuquerque, NM 87110

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