A Pro Se Primer: Really Really Late

Not sure if Justice is blind, but it sure is slow.

Wow. I cannot believe I’ve done nothing with this series since March 25.

Geesh.

Geesh geesh geesh. Life really does intrude sometimes.

Anyway, as I indicated back on March 25, I will now move on to mediation.

Generally, the Courts in this area like to recommend mediation, so that the divorcing spouses can try to work out parenting plans and child support and other financial considerations on their own.

A very brief definition of mediation is when the couples sit down face-to-face with a mediator who helps them work out the details of their divorce.

Two good sites that can explain mediation more fully are Mediate.com and Nolo’s Divorce Mediation FAQs.

Mediation is much less costly in terms of money and emotional energy than when the spouses engage in lengthy, adversarial legal battles. In this area, couples whose finances may be strapped may be able to qualify for mediation that costs as little as $50 for four hours. This cost is per person not per couple and was current as of January 2010.

Do check on the credentials of the prospective mediator. Divorce mediation is a relatively new field, and, as of yet, not all mediators have the same backgrounds or skills. So check.

Many mediators are family law attorneys; however, these mediators tend to be more expensive than those who are not attorneys.

The going rate for mediators in the Albuquerque area, ranges from $250 an hour to $50 for four hours. So check.

Check check check and double check. Mediate.com and Nolo’s Divorce Mediation FAQs, both provide excellent, thorough information on the mediation process.

Next up: What to do if things go wrong.

A Pro Se Primer: A Couple Days Late

Not sure if Justice is blind, but it sure is slow.

My life has really been intruding lately, so I apologize for not keeping up on this series more frequently.

Yet, even as I apologize, I must admit that the intrusions have been quite pleasant. I’ve been spending a lot of time with my granddaughter, who is now 4-months old and is delightful.

She shrieks with laughter, which is something I don’t remember my own kids doing. Not that they weren’t pleasant, but I just don’t remember their throwing their heads back and shrieking with delight.

As I told my daughter, spending time with Little M is better than drinking a glass of wine for improving my mood.

But enough of my life, back to the issue off Pro Se Divorce in New Mexico.

Up today: Interim Support.

As I explained in Part 4, when you petition for divorce in New Mexico, the Courts attempt to maintain the status quo between the divorcing parties. So, for example, if you were not working outside the home, and, as a result, you are dependent on your husband’s income, the Court will attempt to maintain that support.

One way of determining interim support is by adding all the monthly income the two have and then subtracting the expenses the two have; the amount left is then split between the two.

So, for example, let’s say the total income the two share is $5000. Let’s say the mortgage is $1000 and the car payment is $400, there would then be $3600 left to split between the two. That’s as I understand what happens; however, it’s possible I have misunderstood, and any information you receive either from an attorney or a representative of the Courts should supersede any information on this site.

There is another – perhaps simpler – way of determining interim support and that is for one spouse to make an offer of support. This method is quicker and doesn’t require going to Court, so if the two of you can agree on a fair amount, this may very well be a good option.

Every case is different, and you must decide which is more appropriate for your own case.

Next Up: Mediation