“As a divorce lawyer, I’ve had a front row seat to all sorts of misunderstandings and disagreements. It leaves me very well prepared to help others avoid or minimize them.”
Family court decisions including Child Custody, Child Support and Division of Assets and Spousal Support can be appealed.
Appeals must be based on an error or unfair application of the law during the initial divorce proceedings. This basically means demonstrating that the judge made a ruling that was erroneous as to a matter of law. Appeals are not about getting another chance to make your case.
Some issues that may warrant an appeal include
- Failure to make sufficient finding of fact or conclusions of law
- Decisions made without a careful analysis of the law and the evidence
- Alimony awarded that is inconsistent with the normal range of awards
Filing an appeal requires a thorough review of the entire transcript of your trial. This review, together with the preparation of all necessary documents must be completed and submitted within 30 days of the initial, contested decree for an appeal to go forward.
Appeals are costly – perhaps even more so than the original trial, and they preclude “moving on”. For those reasons, any potential appeal should be given every serious consideration.
Prenuptial agreements can contain various previsions, but commonly address division of property and/or spousal support. They are generally put in place when one or both of the parties will come to the marriage with substantial assets. Prenuptial agreements can carry time limits, so a couple could agree to a certain division of property if the marriage ends up being of short duration, but also agree that the provision would expire with a longer marriage.
Postnuptial agreements cover the same issues as prenuptial agreements but are entered into after the couple is married, and so, require other safeguards.
Separation agreements can often serve as the basis for final divorce settlements. Correctly executed, they establish the spouses as separated and can safeguard assets and protect against debt exposure prior to the final decree.
Domestic Partnerships agreements are recognized in New Mexico only if they are in writing. There are legally permissible ways to address and protect yourself and your partner on some of the issues facing unmarried couples, including
- Property rights
- Health care power of attorneys
- Wills and trusts