Domestic Violence Divorce

A conviction or even just an accusation of domestic violence can significantly impact the outcome of your divorce. In addition to facing jail time, hefty fines and mandatory anger management and counseling, you risk losing child custody and your reputation if convicted of domestic abuse. The lawyers at Simon A. Kubiak, Attorneys at Law, PC, have decades of experience defending the rights of the accused in family court. If you face accusations of domestic violence, or if charges exist against you, reach out to our legal team for the aggressive advocacy your case needs and deserves.

Domestic Violence Defined

New Mexico law defines domestic violence as abuse committed between household or family members. Violent acts may include but not be limited to hitting, pushing, shoving, sexual assault, intimidation, stalking, withholding money as a means of manipulation, isolating a partner from others and other forms of emotional abuse. Domestic violence does not necessarily refer to violence between partners, or between parents and children, but rather, can involve people with the following types of relationships:

  • Parent
  • Spouse or former spouse
  • Current or former parent-in-law
  • Current or former stepparent
  • Grandparent
  • Grandparent-in-law
  • Co-parent
  • Significant other (not a spouse)

The Effects of a Domestic Violence Conviction On Your Divorce

If the other party can prove you are guilty of domestic violence, you face a host of administrative consequences in addition to personal ones. Many states no longer recognize fault-based divorces, but New Mexico is not one of them. As a result, if your spouse files a fault-based divorce on the grounds of “inhuman treatment,” the judge has every legal right to take your actions into consideration when determining child custody, property division and alimony.

Work With a Domestic Violence Defense Attorney

You stand a lot to lose on both a personal and professional level if convicted of domestic violence. When you work with Simon A. Kubiak, Attorneys at Law, PC, we will perform a swift and thorough investigation into the events leading up to the accusation, build a strong defense and provide unwavering support throughout the duration of your case. For the fearless and staunch advocacy you need at this difficult time in your life, contact our Albuquerque criminal defense firm today.

Simon Says, “Call Kubiak!”

Contact us Today

If you have questions about our legal services, feel free to get in touch with us right away. We quickly respond to all calls because we understand there is little time for delay when it comes to getting you the representation you need. For your convenience, we also have Spanish-speaking attorneys.


Suite 1A, 1121 4th Street NW, Albuquerque, NM 87102