Legal Question in Family Law in New Mexico

My husband wants to get a divorce and we dont know where to start. We have 2 children together and the will be living with me.We dont want to have to get lawyers but dont know what need to be done.


Asked on 7/27/10, 2:51 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

I am going to give you a part A and a part B. Part A - get a lawyer. The reason you want a lawyer is that there are a lot of nuances, that is, small parts and some legally mandatory parts that have to be a part of your divorce. Lawyers who practice in FAMILY LAW know the different aspects of what to include, what questions to ask and how to word the divorce decree. Also, even if you two are having a "friendly" divorce there are still areas that have to be discussed & sometimes those discussions stay 'friendly' when a lawyer is involved but not so friendly when it is only the two of you. Last, if you get something wrong in the divorce without a lawyer you will end up going back to court again and again and again. The judge cannot tell you what to fix he can only tell you that it is wrong. . . . . So, it might be worth the money to spend a little extra up front rather than think you are 'saving' but you have to keep doing it over and over and over.

Part B - If you still believe you want to do it on your own then go the courthouse "self help center." In each judicial district they call the 'self help center' by a slightly different name. In your town it is called something like the Pro Se Center. It is on the 2nd floor of the District Courthouse. They will have a packet there of the petition, the summons, the answer, the request for mediation; the parenting plan, the marital settlement agreement & the child support order. If either or both of you have a retirement account then that will be an additional issue that must be resolved. The Pro Se Center maybe has a paralegal who can help look over your paperwork but a paralegal is not a lawyer. The help you receive will be substantially different than if you had a lawyer.

Hope this helps.

Good Luck

Law Guru

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Answered on 8/01/10, 5:27 pm


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