divorce and family law

DIVORCE & DIVORCE & FAMILY LAWFAMILY LAWPresented by Jay Goodman, Esq.

-of- Jay Goodman and Associates, Law Firm,

a Professional Corporation Web: www.jaygoodman.comEmail: Jay@jaygoodman.com

2019 Galisteo, Suite C-3 Tel: 505. 989.8117Santa Fe, NM 87505 Fax: 505. 989.3440

AGENDAAGENDA

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 Relevant Issues in Most DivorcesDivorces

Identification and distribution of property and debts

Child Custody

Child Support

Spousal Support

Name Change

Division of Retirement Funds

Available Sources and FormsAvailable Sources and Forms

Compilations

Libraries

Pertinent Sections of New Mexico Statutes

New Mexico Reports

Court Websites

Grounds for DivorceGrounds for Divorce

Explanation of Incompatibility

Other statutory grounds

Community and Separate Community and Separate Property Debts and PropertyProperty Debts and Property

Concepts

Unreasonable Debt Considerations

Child Issues in Divorce and Child Issues in Divorce and Paternity CasesPaternity Cases

Joint Custody vs. Sole Custody– Presumptions– Distinctions between Legal and Physical Custody

Need for and contents of a Parenting PlanChild Support

–Concepts

–Items included (medical, education, daycare, special considerations and possibly activities)

–Amounts

–How determined

Special ConsiderationsSpecial Considerations

Requirements or differences, as well as similarities, regarding Paternity cases.

Explanation

Procedural IssuesProcedural IssuesFiling and Service

– Fees– Temporary Domestic Orders– Information Sessions

Response and Counter-Petitions/MotionsNon-response by partyAccumulation and disclosure of financial (including income) and asset/debt information and documentation

Procedural IssuesProcedural Issues

Obtaining a hearingFinancial assistance during divorceVisitation and custody issues during divorceAbuse situations (spousal and child):

–Domestic violence remedies/distinctions

–Counseling Violations of Court Orders or filed agreements by a party

Procedural IssuesProcedural 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

MediationMediation

Explaining the requirement process

What is Mediation?What is Mediation?

When and why do you have to When and why do you have to mediate?mediate?

Options as to mediatorsOptions as to mediatorsFamily ServicesPrivate mediatorsCounselPro se agreements

How to develop a Parenting How to develop a Parenting PlanPlan

Pitfalls of the Mediation Pitfalls of the Mediation ProcessProcess

What if we can’t agree?What if we can’t agree?

Next steps:– Priority Consultation– Advisory Consultation– Evaluations– Court Determination at Trial

Courtroom BehaviorCourtroom Behavior

Dress: Proper attireCourtroom protocol: How to

address the CourtHearsay:

– The need to bring witnesses

Is an attorney necessary?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 necessaryIs 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 Possibility of Collaborative DivorceDivorce

• 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