The third installment of our multi-blog series discussing why it is usually not advisable to go it alone (pro se representation) when you are involved in a New Mexico dissolution of marriage action. While there are exceptions to every rule, parties that file for divorce in New Mexico without legal representation typically end up with less desirable custody, property, child support and/or alimony orders. The decision not to retain a New Mexico Family Law Attorney might be justified if you have only been married for a few months and you have no joint property or debts, and you do not have children together. Even in this situation, you should at least seek legal advice to ensure that you are not missing any issues that make legal representation important. While some people assume they can always retain a divorce lawyer later if they need one, it is usually more expensive or even impossible to reverse damage with pro se representation.
Representation by a divorce law firm in New Mexico can prevent hassles, undesirable outcomes and delays resulting from incorrectly completed marital dissolution paperwork.
The petitions, property disclosures and marital settlement agreements in a divorce must be carefully drafted so that the judge has the ability to approve the request, and any agreement can be enforced consistent with your intent. If you do not complete your application for temporary alimony or child support correctly, it may mean waiting weeks or even months for urgent financial support while your divorce is pending. When parties try to negotiate a waiver of child support, which is included in the marital settlement agreement, this is not an enforceable legal arrangement. When you include a provision like this, the lack of enforceability of the provision can disrupt the fairness of your negotiated financial arrangements or result in delays if the judge refuse to sign off on the judgement because of the purported waiver of child support.
Legal representation from a knowledgeable divorce attorney can empower you with the information to make informed decisions and obtain more favorable outcomes.
When spouses negotiate without legal knowledge about their specific rights and obligations, it can make the negotiation process inefficient and lead to poor results. Parties that are engaged in discussions about property division, parenting time or spousal support without knowledge of their respective options based on practical experience in New Mexico family law courts may take positions that are indefensible in a family courtroom. While a waiver of child support is an obvious example, the argument that a stay-at-home parent who has never worked outside the home should accept a waiver of alimony without significant concessions in terms of property division provides another example of an unreasonable position. When a skilled New Mexico Divorce Lawyer represents both parties, the attorneys can keep the parties focused on realistic outcomes and avoid wasted time and energy on positions that a judge is unlikely to entertain.
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.
We invite you to review the prior and succeeding parts of this blog post for additional reasons why you need an attorney when you are involved in a New Mexico divorce. Click Here for Part I & Click Here for Part II. The New Mexico Divorce Law Firm of Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options
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