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Frazier and Ramirez Family and Real Estate Law

New Mexico Divorce, Family and Real Estate Law

Uncategorized

When Mediation Fails

June 1, 2020 //  by Sean Ramirez

Mediation is a technique for resolving disputes in which a trained mediator sits down with both parties to a conflict and tries to help those parties work out a deal. During a divorce, many people first choose mediation to try and resolve their issues. More often than not, mediation works well, and both sides can come to an agreement. 

There are many myths about what mediation can and can’t do for you. Here are some important things to understand about the mediation process. 

Mediators are trained to help people resolve their issues and settle their differences themselves — but, mediators can’t force people to agree to anything.

Mediators don’t take sides. They are supposed to be independent and neutral, to help guide the parties towards finding solutions for resolving their differences.

Mediators have no authority to decide any issues of the case or force you or your spouse to do anything.

Mediation only works when both parties willingly participate and cooperate with the process. You have to be honest and open, and disclose your income, expenses, assets, and liabilities. A mediator can’t help you divide up your assets, or figure out if you can both still live comfortably after the divorce, if you both aren’t honest about your finances and circumstances. Mediation requires cooperation.

Mediation can be a great solution for helping resolve your differences, and create a more flexible agreement than one handed down by a court. It also helps cut down on costs associated with taking your case to court.

But mediation isn’t for everyone, and it often fails because the parties can’t come to an agreement. In many cases, especially where there’s a custody dispute, you will need the expertise of an attorney.   

If you’ve attempted mediation, and it hasn’t worked out for you, give us a call at (505) 830-6563!

Category: Uncategorized

Resources for Single Parents

May 4, 2020 //  by Sean Ramirez

After a divorce, it’s common to feel a little out of sorts. It can be a new beginning, but reigniting your social life or creating a new social circle can be a little stressful.  

There are many great resources out there for single parents that can help you and your kids get your social lives back on track after a divorce or separation. Here’s an overview of a few: 

Parents Without Partners

The goal of the Single Parents Alliance of America is to empower single parents and their families by connecting them with other single-parent families. You can join local groups, participate in events, and access resources about financial planning, parenting, and more.

SingleParent411 

SingleParent411 is an online resource of the Single Parent Alliance & Resource Center that’s devoted to addressing the unique needs of single parents. It provides a source of inspiration, encouragement, and support. Local chapters host events, and there are programs for adults and families.  

Going through a divorce or separation and need an attorney? Give us a call at (505) 830-6563!

Category: Divorce Debunked, UncategorizedTag: Divorce, Divorce Debunked, Single Parent Resources

Why a Prenup is Important

May 4, 2020 //  by Sean Ramirez

When you say, “I do,” you expect your marriage to last forever. Nobody wants to plan for a future that doesn’t involve that special someone, but sometimes it doesn’t work out, and you want to make sure you’re protected. Having a prenuptial agreement can be a lifesaver if your marriage falls apart.

Prenups are Proactive

Prenuptial agreements make sense for any married couple, not just the extremely wealthy. They determine how your assets will be divided if you get a divorce, as well as who gets what if one spouse dies. They can protect each spouse’s existing resources, and the future needs of you, your spouse, and any children. They allow each person to understand where they are financially, and where their partner is financially as well.

Having a prenup can help prevent nasty fights, drawn out disputes, and costly court battles. It allows both parties to discuss and agree upon what will happen to all the assets, as well as any children, before things go wrong, which means that both parties can have a more open and communicative discussion. They let both spouses know where they stand, both now and in the future.

And while prenups don’t have the most romantic reputation, they are increasing in popularity. In a survey of members of the American Academy of Matrimonial Lawyers, 63 percent reported an increase in prenups over the past few years.

If you’re about to get married, we can help you set up a prenuptial agreement. Call us at (505) 830-6563!

Category: UncategorizedTag: Family Law, Prenuptial Agreement