This is the conclusion of our two-part blog post providing suggestions for ways to form an effective attorney-client team with your New Mexico Divorce Lawyer when you are involved in a marital dissolution. The fundamental point of this discussion is that your actions, decisions and communication can make your attorney more effective and lead to a more desirable resolution of the issues in your divorce. If you have not read Part I of this blog, we invite you to do so before reading further. Click Here for Part I.
Tip #1
Always communicate relevant information with your attorney.
Some clients are concerned about “pestering” or “bothering” their New Mexico Divorce Lawyer so they do not contact their attorney when significant issues arise. While matrimonial attorneys are busy, they need to be informed about material facts or significant issues that arise so that they can advise you how to handle those issues or diffuse potential problems before receiving a phone call from opposing counsel. While attorneys certainly appreciate clients that respect their time, you are the client so you are paying for your attorney’s time. If you are worried about running up legal fees, an email to your attorney can be an efficient cost-effective way to communicate non-urgent developments or information to your attorney.
Tip #2
Trust your attorney’s advice regarding the realistic range of outcomes.
Most divorce attorneys have had the experience of having a client say things like:
“I supported my spouse for twenty years so my spouse can pay his/her own way. I do not want to pay alimony.”
The problem is that this position is completely inconsistent with how alimony works. The longer the marriage and more one spouse was the sole breadwinner, the more likely that alimony will be awarded on a long-term basis. Clients retain attorneys because of their knowledge of the law and the types of orders judges typically impose under a specific sets of facts. When your attorney advises you that a position is unrealistic, you certainly may decide to inquire about the attorneys reasons for his position. However, you are paying good money for your attorney’s legal advice so you should consider his reasoning or justifications for the strategies he is advocating.
Tip #3
Consult your attorney before engaging in self-help.
Decisions to engage in self-help in a divorce can have disastrous consequences so you should speak to your attorney before undertaking this type of action. If a primary residential parent does not receive a child support check when it is due, the appropriate response is to contact your attorney rather than refuse the other parent’s visitation until the child support payment is provided. While you attorney can contact your spouse or his/her attorney to negotiate getting the check or file a contempt action, the judge may view you as the party who is in the wrong if you deny visitation.
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 have questions about marital dissolution in New Mexico, the Santa Fe Divorce Law Firm of Lightning Legal Group offers legal advice and representation in the full spectrum of family law issues. 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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