DIVORCE & FAMILY LAW Presented by Jay Goodman, Esq. -of- Jay Goodman and Associates, Law Firm, a Professional Corporation Web: www.jaygoodman.com Email: Jay@jaygoodman.com 2019 Galisteo, Suite C-3 Tel: 505. 989.8117 Santa Fe, NM 87505 Fax: 505. 989.3440
AGENDA • What is important to the audience to hear about? Hopes, Fears, Aspirations, Substantive and Procedural Legal Information? • General Considerations and Overview • Procedural Issues • Mediation • Court Room Behavior • Is an Attorney necessary?
Relevant Issues in Most Divorces Identification and distribution of property and debts Child Custody Child Support Spousal Support Name Change Division of Retirement Funds
Available Sources and Forms • Compilations • Libraries • New Mexico Reports • Pertinent Sections of New Mexico Statutes • Court Websites
Grounds for Divorce • Explanation of Incompatibility • Other statutory grounds
Community and Separate Property Debts and Property • Concepts • Unreasonable Debt Considerations
Child Issues in Divorce and Paternity Cases • Joint Custody vs. Sole Custody • Presumptions • Distinctions between Legal and Physical Custody • Need for and contents of a Parenting Plan • Child Support • Concepts • Items included (medical, education, daycare, special considerations and possibly activities) • Amounts • How determined
Special Considerations • Requirements or differences, as well as similarities, regarding Paternity cases. • Explanation
Procedural Issues • Filing and Service • Fees • Temporary Domestic Orders • Information Sessions • Response and Counter-Petitions/Motions • Non-response by party • Accumulation and disclosure of financial (including income) and asset/debt information and documentation
Procedural Issues • Obtaining a hearing • Financial assistance during divorce • Visitation and custody issues during divorce • Abuse situations (spousal and child): • Domestic violence remedies/distinctions • Counseling • Violations of Court Orders or filed agreements by a party
Procedural Issues • Modification of Orders or Agreements during or after the divorce • Corrections • Supplemental pleadings • Finality of certain categories (property, no alimony, etc.) • “Evolution” of child custody and child support orders – material or significant change of circumstances, etc. • Time lines
Mediation • Explaining the requirement process
Options as to mediators • Family Services • Private mediators • Counsel • Pro se agreements
What if we can’t agree? • Next steps: • Priority Consultation • Advisory Consultation • Evaluations • Court Determination at Trial
Courtroom Behavior • Dress: Proper attire • Courtroom protocol: How to address the Court • Hearsay: • The need to bring witnesses
Is an attorney necessary? • Assumption that you know the law and are held responsible for such knowledge • Explanation of the availability of forms from Family Court Services • Explanation of the limitation of Courthouse staff to assist • Reference to the sources of information: • Libraries • Statutes • Case law, etc.
Is an attorney necessary • Special consideration which may require professional assistance • Intricate finances; • Geographic problems regarding custody; • Overt or suspected abuse; and • Inability of spouse to support him/herself, etc. • Concept of varying levels of professional assistance: • Mediator • Advisor • Reviewer
Possibility of Collaborative Divorce Explanation Pros Cons Can it work for you?
THANK YOU! Presented by Jay Goodman -of- Jay Goodman and Associates, Law Firm, P.C. 2019 Galisteo, Suite C-3 Tel: 505. 989.8117 Santa Fe, NM 87505 Fax: 505. 989.3440