DIVORCE & FAMILY LAW

1. 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

2. 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?

3. Relevant Issues in Most Divorces Identification and distribution of property and debts Child Custody Child Support Spousal Support Name Change Division of Retirement Funds

4. Available Sources and Forms • Compilations • Libraries • New Mexico Reports • Pertinent Sections of New Mexico Statutes • Court Websites

5. Grounds for Divorce • Explanation of Incompatibility • Other statutory grounds

6. Community and Separate Property Debts and Property • Concepts • Unreasonable Debt Considerations

7. 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

8. Special Considerations • Requirements or differences, as well as similarities, regarding Paternity cases. • Explanation

9. 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

10. 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

11. 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

12. Mediation • Explaining the requirement process

13. What is Mediation?

14. When and why do you have to mediate?

15. Options as to mediators • Family Services • Private mediators • Counsel • Pro se agreements

16. How to develop a Parenting Plan

17. Pitfalls of the Mediation Process

18. What if we can’t agree? • Next steps: • Priority Consultation • Advisory Consultation • Evaluations • Court Determination at Trial

19. Courtroom Behavior • Dress: Proper attire • Courtroom protocol: How to address the Court • Hearsay: • The need to bring witnesses

20. 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.

21. 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

22. Possibility of Collaborative Divorce Explanation Pros Cons Can it work for you?

23. 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