divorce and family law
TRANSCRIPT
DIVORCE & DIVORCE & FAMILY LAWFAMILY LAWPresented by Jay Goodman, Esq.
-of- Jay Goodman and Associates, Law Firm,
a Professional Corporation Web: www.jaygoodman.comEmail: [email protected]
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