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Could Divorce Mediation Be Right for You?

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Divorce Counselors — Albuquerque, NM — Law Offices of Lynda Latta, LLCEnding a marriage is nearly always a difficult time. Unfortunately, the process of getting a legal divorce can make things even more challenging. If you dread the thought (or expense) of hashing out your divorce in a courtroom, mediation may be the answer you need.

What is mediation and who can benefit the most from it? How can you prepare for mediation? And how can you decide if it’s right for you? Here are a few important answers.

What Is Divorce Mediation?

Top Factors That Determine Visitation Schedules

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Mother and Daughter — Albuquerque, NM — Law Offices of Lynda Latta, LLCDo you need to set up a visitation schedule for your children? If you can’t agree on a visitation schedule, the court will have to step in and create one. Below are some of the factors the court will use to create the schedule.

The Child’s Age

The child’s age matters for two main reasons. First, some parents exclusively breastfeed their babies during the first few months after delivery. If the mother has elected exclusive breastfeeding, then the other parent cannot stay with the child for too long. In such a case, the visiting schedule must not interfere with the infant’s feeding habits.

Secondly, courts may consider the opinion of older children to determine a reasonable visitation schedule.

Differences And Impacts Of Alimony & Child Support

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A Couple Facing Away with Each Other — Albuquerque, NM — Law Offices of Lynda Latta, LLCDuring a divorce case, the two spouses will typically break down assets and debts and split them evenly between the two. Things get a little more complicated when alimony and child support are involved.

Learn about the differences between alimony and child support. See how the two intertwine with each other and how to seek out the payment agreement for the options available. Once you have a clear understanding of the two, you will have the skills to communicate with your lawyer and understand the process much easier.

What Is Alimony?
Also known as spousal support, alimony is the payments made to a former spouse to support the same lifestyle and living conditions once shared before as a couple. Alimony is often a request made by the person who did not work or made less as part of the couple.

Frequently Asked Questions About Child Custody and Visitation

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Custody Of Child Documents - Albuquerque, NM - Lynda Latta: Family Law Attorney

Have you or your former spouse filed a child custody and visitation case? No doubt that you have queries about the hearing process. You could even be worried about what awaits you ahead. Below, you’ll find answers to some of the questions you have. Hopefully, this information will help you get prepared and put your mind at ease.

Are Judges More Likely to Grant Primary Legal Custody to the Moms Than Dads?

No. Under the code of conduct for US judges, judges are required to perform their duties without bias. Gender stereotypes won’t influence the jury’s final decision.

3 Types of Legal Orders to Protect Victims

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Jail time, probation, community service, and fines are all punishments for crimes, which deters most people from breaking the law. However, in cases with repetitive problems, and one way to prevent future crimes is with orders to protect victims. If you would like to know more, keep reading to learn more about restraining, protective, and no-contact orders.

  1. Restraining Order

A restraining order is designed to protect a potential victim. For this reason, they can be issued even before a crime has been committed. In most cases, they are not usually used for abusive situations, but they can deter future abusive situations if the restraining order is taken seriously

Empowering Questions to Ask Before Getting a Divorce

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People generally don’t consider divorce lightly. However, once the thought of divorce even pops up in people’s heads, they’re generally in a high-stress mindset within their marriage. Clarity of thought is hard to come by at that stage.

If you’re in that situation, a selection of empowering questions may help you get that clarity. Empowering questions are those that provoke thought and help a person look for answers rather than make emotional reactions. Keep reading for a selection of empowering questions to ask as you consider divorce.

The Benefits of Establishing Paternity

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The Benefits of Establishing Paternity

The legal determination of paternity enables men to protect their right to share in the joy of raising their child. The benefits of testing can also extend to the child in many ways. Here is what all fathers should know about why they should do all they can to prove paternity, particularly when they aren’t married to the child’s mother.

Testing Not Always Needed

DNA testing gives conclusive evidence of a relationship, but it is not always necessary. The state of New Mexico assumes that the husband of a woman who gives birth is the father if the child is born within 300 days of their marriage. Unmarried parents can also notify the state with an Acknowledgment of Paternity form filed with the vital statistics bureau.

Divorce and Finances: Is Anything Safe?

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Divorce and Finances: Is Anything Safe?

Financial matters rank at the top of the list of worries for anyone during a divorce. The concern of one less income and the potential need to replace belongings can make people wonder about their future bank account balance. Knowing what assets are at risk — before filing paperwork or negotiating an agreement — can make planning for the future easier.

Balances of Bank Accounts

Marital property usually includes all items purchased and any money earned during the marriage. The money kept in bank accounts, even if the couple keeps separate accounts in their names, is marital property. The court will usually include the balance of the accounts at the time of the divorce filing as a cash asset to divide.

What Can You Do if Your Ex Refuses to Pay Child Support?

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Family meeting with Attorney

According to CBS News, approximately 30% of payments are not being paid at all and less than half are paid in full. This has created a nation-wide child support deficit of $10 billion.

If you’re owed child support, it can be difficult to figure out what you can do to remedy the situation. And, with so many parents in a similar situation, you may wonder if it’s even worth it. It is! The truth is, you can do a handful of different things to get your ex to start paying what they owe.

5 Steps to Successfully Navigate Divorce While Chronically Ill

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Doctor Consultation

The ending of a marriage is always a challenging time. But when you are also struggling with a chronic illness, it’s even more complicated. How can you successfully navigate your divorce while maintaining your health as much as possible? Here are five key ways.

1. Communicate Openly

Your divorce attorney is going to be a key part of your divorce team, so start out by being honest with them about your health and emotional issues. Let the legal team know what your symptoms are, what treatment you are currently going through, how your energy or daily activities are affected, and how it may impact your ability to meet certain obligations (like meetings about your case).

By being open with your lawyer, he or she can also help you identify ways that your health should impact your divorce claim and ways that you can make the actual legal process easier on your body.