The prospect of divorce can be a deeply upsetting life change that stirs up a wealth of emotions that include anger, fear, anxiety, resentment, and jealousy just to name a few examples. These emotions can make it tempting to avoid dealing with the process by procrastinating or failing to respond to time sensitive requests or court filings. While the urge to dig in and ignore the process by adopting a bunker mentality is understandable, the decision can have devastating adverse consequences. Because we speak to many spouses involved in a New Mexico divorce who are in a bad situation because they did not file a response to a divorce petition or failed to appear at a hearing to modify spousal support, we have indicated some examples of matters that should not be put off during a divorce.
Respond in a Timely Fashion:
The litigation process is tightly controlled by timing requirements and deadlines. Whether you are supposed to provide documents or information to your attorney as part of the discovery process or file responsive paperwork to a motion for modification of custody or alimony, the failure to respond in a timely manner can result in orders that are unfavorable in terms of timeshare arrangements with your kids or an unanticipated reduction in alimony. While sometimes these mistakes can be remedied at a subsequent time, this is not something that you want to count on because it is much more difficult to persuade a judge to change a prior ruling where you failed to respond.
Putting Off Retaining a New Mexico Divorce Lawyer:
Many people that have had limited contact with the legal system prior to a divorce are apprehensive about contacting a divorce lawyer. However, there can be serious consequences to procrastination in seeking legal advice and representation. If you are served with paperwork requesting a modification of alimony, for example, you may regret waiting until a few days before the hearing to speak with an attorney. Because the date for filing a response to the motion has already passed and the attorney has limited time to prepare for the hearing, you may find that many family law attorneys are apprehensive about taking the case.
Waiting to Gather Documents and Information:
There is a fair amount of financial information and documents that your divorce lawyer will need to effectively handle your divorce. The process of gathering the documents and information can be time consuming and difficult. It is important to make gathering such information a priority because you may seriously handicap your attorney’s ability to provide the most effective arguments and evidence to support your position in court if you do not provide documents and information promptly.
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The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
If you are involved in a New Mexico divorce, our New Mexico Divorce Lawyers invite you to contact us so that we can discuss your options. The Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your alternatives. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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