Decades of Experience for Your Unique Situation
Separation and divorce are often not thought much about until they become a reality. We understand our clients come to us with a great deal of uncertainty and concern over the divorce process and the life that follows. While you may be experiencing this process for the first time, we have been through the process thousands of times and will employ our expertise and experience to provide you peace of mind and a clear path forward.
DIVORCE
At ARWJ we believe that divorce should not be a check the box, one-size fits all process. Individual clients have unique needs and goals. Our focus is providing a process to meet those needs and goals in the most cost-effective way.
While general community property principles guide division of assets and debts in divorce, as no two divorces are the same, no two approaches to divorce should be the same. All of our attorneys at ARWJ are skilled advocates focusing on negotiated out-of-Court settlements, mediation, and litigation, should it be required.
Our attorneys understand the importance of your case and are here to guide you through the process, every step of the way. Call to schedule a consultation with one of our experienced attorneys today.
COLLABORATIVE DIVORCE
Collaborative practice provides parties a process focused on resolving disputes respectfully, in private and out of Court, with the guidance of trained lawyers and other professionals. Negotiations, compromise and creative problem solving are the critical elements of Collaborative divorce. Lawyers retained for a Collaborative divorce are specifically trained and skilled in the law, guiding negotiations, and managing conflict.
In a Collaborative divorce, neutral professionals are brought into the process to meet the individual needs of the divorcing spouses and their children. Use of these neutral professionals allows for the Collaborative attorneys to focus on identifying goals and exploring settlement options, rather than duplicative role of information gathering and managing emotions.
All attorneys at ARWJ are seasoned in Collaborative practice and believe in the transformative value the Collaborative divorce has to offer families.
POST-DIVORCE MODIFICATION/ENFORCEMENT
Your divorce is complete, what now? The terms of your divorce are detailed in your Marital Settlement Agreement—your divorce contract. While the contract provides clear terms of the obligations that both parties are to meet, frequently after a divorce one or both parties fails to abide by the terms of the divorce contract.
In addition to post divorce enforcement issues, some situations require modification or adjustments after the fact. Our experienced attorneys at ARWJ can assess your case after divorce, providing guidance and advocacy should enforcement or modification issues arise.
LEGAL SEPARATION
New Mexico recognizes legal separation as an option for couples who may not wish to formally divorce. The process of a legal separation is similar to that of a divorce in that assets and liabilities are addressed, however your marriage is not dissolved.
A consultation with one of our experienced attorneys will help you determine whether a legal separation may be right for you.
PRENUPTIAL AGREEMENTS
Prior to marriage, many couples wish to enter into a prenuptial agreement to address the distribution of their assets upon divorce or death. Maintaining these individual choices can be best accomplished with a prenuptial or premarital agreement to protect personal property held before the marriage or to define how they wish to classify any property acquired during marriage. Our attorneys are skilled at crafting prenuptial agreements tailored to your individual needs.
If you are presented with a prenuptial agreement, we can interpret and explain the terms of the agreement. We can help you makes sense of the conditions and, if needed, negotiate modifications to the agreement.
ALIMONY & SPOUSAL SUPPORT
New Mexico law recognizes that in certain cases one spouse needs additional financial support in the form of alimony or spousal support after a divorce has been finalized. There is no one-size-fits-all solution to the issue of alimony as each family’s financial situation is unique. Depending on your specific situation, you may be entitled to rehabilitative alimony so that you may obtain job training or a degree, transitional alimony to assist you in reaching financial stability or indefinite alimony pending a change in either party’s financial and employment circumstances.
Our attorneys have broad experience with many types of alimony and spousal support matters throughout the State of New Mexico. Contact us today to schedule a consultation to discuss your specific situation.
MEDIATION & SETTLEMENT NEGOTIATION
Litigation should be a last resort. Absent matters where there has been domestic violence, our Court system requires that parties attempt to reach resolution outside of litigation before requesting relief from the Court. Studies show that for every hour in Court, two to three hours of preparation time is required. Additionally, rules that apply to litigation limit the information that can be provided to the Judge.
Mediation and settlement negotiation are two options that provide for a more transparent, cost-effective, client-driven process.
Typically in mediation, both parties are self-represented, guided by an attorney/mediator serving as the conduit helping parties reach a full agreement. In settlement negotiation, a third-party attorney steps in to help parties (either self-represented or represented by an attorney) reach out of Court agreements.
All of our attorneys at ARWJ have extensive mediation and settlement negotiation experience.
SCHEDULE A CONSULTATION
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