Practice Areas
Divorce
At our firm, we specialize in both contested and uncontested divorces. An uncontested divorce is when both parties agree on all of the terms of the divorce, including property division, child custody, and support. This type of divorce is typically less expensive and less time-consuming than a contested divorce.
A contested divorce, on the other hand, is when the parties cannot agree on one or more of the terms of the divorce. This type of divorce can be more complex and may require litigation to resolve the issues.
Regardless of the type of divorce, our attorneys are experienced in handling a wide range of divorce cases and are committed to providing our clients with the highest level of service. We understand that divorce can be a difficult and emotional process, and we work closely with our clients to help them navigate the legal system and achieve their goals.
Legal Separation
Legal separation is a legal process that allows couples to live apart while still remaining legally married. During a legal separation, the couple can work out issues related to property division, child custody, and support. This can be a good option for couples who are not ready to divorce but need some time apart to work on their relationship.
One of the benefits of legal separation is that it can provide some legal protections for both parties. For example, if one spouse incurs debt during the separation, the other spouse may not be responsible for that debt. Additionally, legal separation can provide some clarity around issues related to child custody and support.
It's important to note that legal separation is not the same as divorce. While the couple is still legally married during a legal separation, they are not free to remarry. If the couple decides to divorce later on, they will need to go through the divorce process.
Prenuptial and Postnuptial Agreements
A prenuptial agreement is a legal document that outlines how assets and debts will be divided in the event of a divorce. It can also address issues related to spousal support and other financial matters. While no one wants to think about the possibility of divorce, having a prenuptial agreement can provide some peace of mind and protect your financial interests.
One of the benefits of a prenuptial agreement is that it can help to avoid lengthy and costly legal battles in the event of a divorce. By outlining the terms of the divorce ahead of time, both parties can have a clear understanding of what to expect and can avoid the uncertainty and stress that often comes with divorce.
Another benefit of a prenuptial agreement is that it can help to protect assets that you bring into the marriage. For example, if you own a business or have significant assets, a prenuptial agreement can help to ensure that those assets remain yours in the event of a divorce.
Child Custody
Child custody is a legal term that refers to the rights and responsibilities of parents for their children. When parents separate or divorce, they will need to work out a custody arrangement that is in the best interests of the child.
There are two types of custody: physical custody and legal custody. Physical custody refers to where the child will live, while legal custody refers to the right to make decisions about the child's upbringing, such as education and healthcare. It's important to note that child custody issues can be emotional and stressful for everyone involved. However, it's important to keep the best interests of the child in mind and work towards a solution that is fair and equitable for everyone.
Child Support
Child support is a legal obligation that requires one parent to provide financial support to the other parent for the benefit of the child. The amount of child support is typically based on a number of factors, including the income of both parents, the needs of the child, and the amount of time each parent spends with the child.
One of the issues that can arise with child support is non-payment. If a parent fails to pay child support, the other parent can take legal action to enforce the order. This can include wage garnishment, seizure of assets, and even jail time in extreme cases.
Another issue that can arise with child support is modification. If there is a significant change in circumstances, such as a job loss or a change in custody arrangements, either parent can request a modification of the child support order.
Paternity
Establishing paternity is the legal process of determining the biological father of a child. There are several reasons why it's important to establish paternity, including:
- Financial support: Once paternity is established, the father can be required to provide financial support for the child, including child support and medical expenses.
- Inheritance rights: If the father passes away, the child may be entitled to inherit from his estate.
- Medical history: Knowing the father's medical history can be important for the child's health.
- Emotional benefits: Establishing paternity can provide emotional benefits for both the child and the father, including a sense of identity and belonging.
The process of establishing paternity can vary depending on the circumstances. If the parents are married, paternity is automatically established. If the parents are unmarried, paternity can be established through a voluntary acknowledgment of paternity or through a court order.
Grandparents' Rights
Grandparents' rights refer to the legal rights that grandparents have to visitation or custody of their grandchildren. These rights can vary greatly depending on the specific circumstances of your case.
In general, grandparents' rights are more limited than the rights of parents. However, in some cases, grandparents may be able to seek visitation or custody if it is in the best interests of the child.
If you are seeking visitation or custody of your grandchild, it's important to work with an experienced family law attorney who can help you navigate the legal system and advocate for your rights.
Guardianships
Guardianship is a legal arrangement in which a court appoints a guardian to care for a minor child or an incapacitated adult. The guardian is responsible for making decisions on behalf of the person they are caring for, including decisions related to healthcare, education, and finances.
In New Mexico, guardianship can be established for a variety of reasons, including:
- The parents are unable or unwilling to care for the child.
- The child's parents have passed away.
- The child has special needs or requires additional support.
- The child is in danger or at risk of harm.
If you are seeking guardianship of a child or an incapacitated adult, it's important to work with an experienced attorney who can help you navigate the legal system and advocate for your rights.
Post-Judgment Issues
A post-judgment issue is any legal matter that arises after an order has been entered. This can include issues related to enforcement, modification, or reconsideration of the order. Although there is always the intention of never having to rehash already settled legal matters, that is not always the case. Often times, if a party is not adhering to a court's order, it is possible to be awarded attorney fees and costs for being forced to litigate the issue.
Domestic Violence
It is an unfortunate reality that domestic violence will sometimes occur. A Protective Order may be obtained to protect yourself as well as your children should the need arise. Although the Petition to obtain a Protective Order will semi-automatically issue one on a temporary basis, only the court can issue a long term order. If you believe that you need a Protective Order to protect yourself or your family, we can help you obtain one. We will work with you to gather evidence, prepare your case, and represent you in court.
Alternatively, if you have been served with a Protective Order, it is important to take the matter seriously. Violating a protective order, even before appearing in court to defend yourself, can result in serious legal consequences. We can work with those that have had Protective Orders issued against them and defend against the allegations in court.
Name Change
There are many personal reasons that a person may want to change their legal name. Although it is a simple process through marriage, divorce, or adjustment of legal status, it is a bit more complicated otherwise. Pincaro Law is happy to navigate the steps required for you so that you can move forward in life with your new identity.