Divorces are stressful enough and if there is a pathway to reach agreements between the parties without having to go to trial then the stress levels on everyone are likely to be lowered. The process of reaching these agreements is usually achieved through divorce mediation. The attorneys at New Mexico Financial and Family Law are committed to work to reach a mediated agreement between the parties. We are well versed in the law and protect our client’s rights and needs while still working toward a mediated agreement. It is not enough to be knowledgeable about the law – it is also important that the financial, emotional and safety concerns are resolved to our clients’ satisfaction. When appropriate we bring in financial, medical, and psychological advisers to work with our clients.
New Mexico Divorce Mediation
New Mexico Financial and Family Law believes that mediation should be the first course of action and only resorts to litigation if mediation fails. It is the experience of the lawyers in our firm that divorce mediation usually results in the best overall results for their clients. In New Mexico, the mediation process includes the submission of extensive information to the mediator by both sides, including counsel, prior to the initial meeting. Our firm works with our clients in identifying the information that is needed and properly preparing the documents that are supplied to opposing counsel and the mediator. We will also receive and review the documentation prepared by the opposing counsel. It is during this “discovery” period that we may call in financial experts, forensic CPAs, and other experts to properly review our opposing counsel’s documents and prepare our final documents.
Once all of the documentation is prepared then the actual mediation meetings begin with the two principals, their legal representatives, and the mediator. It usually involves two or three sessions of mediation and the preparation of a final mediated document either in the form of an agreement or a proposed court order. The mediation process is by nature non-confrontational and non-adversarial resulting in more successful settlement since all parties are committed to the mediated settlement.
Divorce Mediation Justification
The following is a partial list of reasons New Mexico Financial and Family Law recommends you try a mediated divorce settlement first –
It costs less – Most of the issues and negotiations that occur during a Mediated Divorce are also present in a litigated divorce. However, assuming the same or similar outcome, the costs of trial preparation and participation can cause the costs to soar.
Easier on the children – The worst aspect of a divorce for children is the strife and visible conflict between the parents. Children, regardless of age, are quick to pick up on even the smallest of discord. The divorce itself will be difficult if not traumatic enough for them, but they can heal knowing that their parents are working together to make adult decisions and have not put them in the middle. Equally important, after a less stressful divorce process, the children will be less likely to have reason to pit one parent against another.
The settlement can be reached more quickly – During litigation there are many steps that involve the cooperation of the opposing side and with a highly adversarial divorce there are frequently “strategic or punitive” delays. Depositions and responses can take months to complete and court trial dockets are sometimes weeks or months after final documentation is collected and prepared. In a cooperative mediated approach both parties have incentives to complete the process more quickly.
You have more control over the outcome and costs – In Divorce Mediation the couple controls how quickly or slowly decisions are made, when the divorce petition is filed, and what the terms of the divorce will be in the Marital Settlement Agreement. Each step is by agreement, in contrast to the adversarial process in which attorneys set disposition and court dates and judges, by necessity, make decisions with very limited time and information. In a divorce, frequently, time is money.
Emotions can be managed – This is the least appreciated advantage to a mediated divorce. Many people simply want to be heard and understood in the divorce process. However, in an adversarial (litigated) process this can get out of control, as each person triggers anger and resentment in the other. The attorneys in New Mexico Financial and Family Law can assist the parties in acknowledging feelings but not allowing feelings to control the decision-making process.
Mediation builds on the positive – In mediation, both parties are encouraged to recognize the positive in the other person and to find common ground for agreement. In court, each side must emphasize the negative about the other person in order to “win” against the other. Especially when there will be future contact between the parties, such as in parenting, whatever goodwill remains between the parties should be preserved and not destroyed
If Mediation Fails
If mediation fails, you can still go to court. When people use divorce mediation, they do not give up their right to go to court. If you are not satisfied during the mediation process, you can stop at any time, proceed on with your attorney and have the judge decide the issues. What has occurred in mediation will remain confidential, so the parties can start fresh.
Attorney and Client – Hand-In-Hand
Divorce mediation, with the assistance of New Mexico Financial and Family Law and our support team, will make it easier on you. Your rights and needs are protected, the emotional involvement in a trial setting is avoided, and the way your marriage ends will significantly affect the way you approach your future. When you use mediation to help both of you communicate and make important decisions, it can be easier to move forward and accept the past, rather than feeling hurt and anger as a result of an expensive and divisive court battle.
When people consider filing bankruptcy, they often fear an unknown and complex process. Moreover, many people feel bad about having to file for protection.
Bankruptcy law is actually one of the most predictable and affordable areas of the law when the benefits are considered. Of course it takes a highly competent and experienced attorney to properly handle bankruptcy law cases. At New Mexico Financial Law, our bankruptcy clients are usually happy clients. Emerging from bankruptcy with a fresh start really takes a load off of people’s shoulders.
Most people feel that paying their debts is the “right” thing to do. However, Congress created the bankruptcy safety net for a reason, and approximately one million Americans file bankruptcy every year. Most bankruptcies are caused by job losses, business failures, illnesses, or other unexpected events. Also, credit card companies make healthy profits, in part, by raising interest rates on the people who are least able to afford them. Sometimes not paying off all of your debt is the right thing to do!
At New Mexico Financial Law, we represent honest people, like yourself, who are having difficulties beyond their means and control. Congress passed bankruptcy laws to help people just like you. However, if you can afford to pay your debts, by all means please do. The law provides for stiff penalties for those who abuse the bankruptcy process. But if you cannot afford to pay your debts, and there does not seem to be any light at the end of the tunnel, there is a good chance that Don can help.
Whether you are a creditor, a business, or an individual seeking bankruptcy relief, you need competent and experienced bankruptcy attorneys. When bankruptcy cases become complex due to issues involving personal financial assets and liabilities and/or business assets and liabilities you want and need the support of an experienced lawyer. Don and his team can assist you through the process and when needed, call upon other financial experts to support your case. Don knows the law and has a proven success record in achieving the best possible results. You want a bankruptcy lawyer who knows federal bankruptcy law, is your strongest advocate, and will represent all of your interests! The earlier you see Don the better. Feel free to contact us if you need a quality New Mexico bankruptcy lawyer or just want to make sure bankruptcy is your best course of action.
Bankruptcy is the legally declared inability of an individual or an organization to pay their creditors. Creditors may file a bankruptcy petition against a debtor in an effort to recoup a portion of what they are owed. In the majority of cases, however, bankruptcy is initiated by the debtor.
The primary purposes of bankruptcy are to give an honest debtor, whether it be an individual or a business entity, a “fresh start” in life by relieving the debtor of most debts, and to repay creditors in an orderly manner to the extent that the debtor has the means available for payment. As such, bankruptcy allows debtors to be relieved from the legal obligation to pay most debts by submitting their non-exempt assets, if any, to the jurisdiction of the bankruptcy court for eventual distribution among their creditors. From the time a Bankruptcy Petition is filed until its conclusion, the debtor is protected from most non-bankruptcy legal action by creditors through a legally imposed stay. Creditors cannot garnish wages, pursue related lawsuits, or attempt to compel payment.
Federal bankruptcy law encompasses a great many areas and the legal strategy and results are highly dependent on a particular case or client’s circumstances. New Mexico Financial Law, acting as your bankruptcy lawyer, can assist you in addressing all of the legal matters related to bankruptcy law. On our Bankruptcy Law web pages we provide pertinent information on many of the topics in this area but proper legal representation requires detailed discussions between the bankruptcy lawyer and the client on Federal bankruptcy law and your particular circumstance.
Need the expert Bankruptcy advice of New Mexico Financial and Family Law?
Contact our firm for a FREE Consultation by calling (505) 503-1637 before filing any documents and reaching any binding agreements with creditors or ‘so-called’ debt relief agencies.
Even if you have started bankruptcy filings, negotiations or discussions, you want New Mexico Financial and Family Law to review and prepare your case so you can have the advantage of our experience and skills working to get you the best results possible in the Albuquerque bankruptcy court. See our Avoiding Debt-Settlement, Consolidation or Similar Scams page.
New Mexico Financial and Family Law helps to insure that our client’s present and future are equally protected!
Pursuant to 11 U.S.C. §528(A)(4) We are required to state the following: We are a debt relief agency. We help people file for Bankruptcy relief under the Bankruptcy Code.
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