Depositions are a method of obtaining information during the discovery phase of a case. Pretrial depositions are a core, yet time-consuming part of any litigation. In a complex lawsuit, each party may take upwards of …
An Important Consideration in Divorce—Interim Division
An often confusing aspect of divorce is what happens during the time frame from the time the divorce is filed to the time that the divorce is granted. How does the proceeding impact on support, …
The Role of a Therapist in a Custody Case
If your child custody or divorce case goes to trial, you and your spouse will likely call numerous witnesses to testify in court. Many couples wonder whether their therapist or child’s therapist should testify in …
Decision Making in a Custody Case
A custody case is filled with opportunities for making decisions. At every stage with every player the decision making process is important. Judges have to make decisions on who wins custody. Parents have to make …
Factors to Consider in a Custody Case
New Mexico law outlines the factors for a court to consider when awarding child custody. Child custody cases are rarely pretty. Whenever two parents resort to the courtroom to resolve custody issues, it is typically …
When You Should Hire a Lawyer
The question, “Do I Need a Family Law Attorney?” comes up in discussions involving Divorce, and other issues such as, Child Custody, Child Support or Alimony (known as, Spousal support). In New Mexico, there is …
What is a Guardian ad Litem
A “guardian ad litem” (GAL) is a person the court appoints to investigate what solutions would be in the “best interests of a child.” In a family court context, the GAL will look into the …
How Does Alimony and Child Support Interact
Child support is money normally paid based on the gross income of both parents the purpose of which is to support the children’s most basic needs of food, shelter and clothing. The State of New …
What is Community Property
New Mexico is a community property state. Not every state is a community property state. In fact, only eight states observe community property laws: Arizona, California, Idaho, Nevada, New Mexico, Texas, Louisiana, Wisconsin and Washington. …
What is Settlement Facilitation
Alternative dispute resolution is the method used to try and prevent parties from undergoing the adversarial systems associated with going through litigation. There are many aspects to alternative dispute resolution (ADR) including arbitration, settlement facilitation, …