Should I file for Bankruptcy?

This is an important decision that you should base on your individual circumstances after consulting with an attorney to see what your rights and responsibilities are.

Will I stop getting harrassed by creditors?

Yes!  The phone calls and mail will stop.  If they don't you should immediately contact your attorney.

Will I lose my home or car if I file for bankruptcy?

The simple answer is "no."  In most cases an agreement can be reached with your lender to make sure you hold on to your property.  If you are behind in your payments you should immediately let your attorney know, so that he or she can make appropriate arrangements.

My friend told me I can never get credit again if I file for bankruptcy. Is this true?

No.  Many people worry about bankrupcty and its effect on their credit.  The fact is most people seeking bankruptcy already have significant credit issues.  Bankruptcy allows a "fresh start," giving debtors an opportunity to truly clean up their credit problems.  It is true that you may have some difficulty finding low-interest lending but with each month that passes in which you are able to pay all of your bills on time your credit gets stronger and stronger.

How often can I file for bankruptcy?

Every 8 years for Chapter 7.  Our true hope is that if you need to seek bankruptcy relief you only have to do it once.

My mom co-signed on a loan for me, how will my bankruptcy affect her?

Any co-debtor may be left with the full balance of the debt following your bankruptcy.  It is important that you speak with that person before filing and speak with your attorney to see if there are any arrangements that can be made regarding that debt.

What debts can not be discharged?

Typically, student loans, income taxes and domestic support obligations are considered non-dischargeable debt.  There are other debts that may not be dischargeable and you should consult with an attorney.

Can I be fired from my job for filing for bankruptcy?

No. U.S.C. Section 525 prohibits employers from discriminating based on bankruptcy filing.

Can I keep my credit cards if I file for bankruptcy?

Most credit card companies will cancel your card if you file for bankruptcy unless you reaffirm the debt.  Reaffirmation is a request to the court to allow a certain debt to survive the bankruptcy discharge.

What will it cost me to file bankruptcy?

Please contact our office regarding our fees.  We give a free initial consultation and our rates are very competitive.

What is an uncontested divorce?

An uncontested divorce in New Mexico is really nothing more than a negotiated or an amicable divorce.  It is where you and your spouse sit down and agree in advance on all of the major issues regarding your divorce.  The key is that you and your spouse remain in control of your divorce and its final terms – not the courts.

What are the advantages of uncontested divorce? 

Rather than letting some Judge arbitrarily decide how to divide your debts and assets and how much parenting time you and your spouse should spend with your children, you make all the important decisions about how to end your marriage.

You will avoid high litigation costs and attorneys fees.  You will also spare yourself the emotional costs that so frequently accompany traditional litigation in divorce proceedings.

Unlike divorce litigation, you and your spouse retain the power.  You remain in charge of your life, and you decide how to move forward from here. 

Want to get started?  Your first job is to complete our Divorce Intake.  Our job is to handle everything else.

I don’t know where my spouse lives.  Can I still get divorced?

No problem.  You can still get a New Mexico divorce, however due to the extra procedures involved, there are extra costs associated with additional filings and the court-ordered “notice by publication.” 

What if my spouse refuses to sign the paperwork?

If your spouse refuses to sign the documents we file with the court, then your matter will have to proceed on a contested basis.  If this happens, the divorce process is relatively the same.  We can assist you in moving forward, but we will have to convert your case and you will incur more fees.

Can I pursue an uncontested divorce in New Mexico even if my spouse and I have been married for many years and we have significant assets? 

Absolutely.  Many of our clients come to us with the initial assumption that because they have been married for a number of years or because they have significant assets, they must pursue a contested divorce.  Nothing, however, could be further from the truth.   The only requirement for an uncontested divorce  is that you and your spouse must agree on all of the critical terms of your divorce. 

Q:  Do I need a lawyer? 

Having legal representation is not, technically, a requirement; however, if you and your spouse have children, real property, or significant assets and debts involved, it is critical that the final orders be properly prepared and reviewed by an experienced New Mexico divorce lawyer.  It is much easier to ensure that the final orders are properly prepared initially than it is to try to have a Judge modify them once they are entered.

Ambiguous language in uncontested divorce decrees that are not properly drafted can become a big problem down the road.  They can create uncertainty and confusion.  Making sure that the final orders are properly drafted from the beginning also protects you from improper actions by your spouse both before and after you are divorced.

If things aren’t right at home, don’t wait until things blow up and you find yourself heading into court for your intial court appearance and traditional divorce litigation.  Your divorce can be as simple or as complex as you and your spouse decide it to be.  But you have options.  You have a choice.

Q:  If I choose to represent myself, will the Judge help me?

No.  The Judge must remain impartial in hearing your case and cannot give you legal advice.  If you choose to represent yourself, you are expected to learn the relevant law and procedure, and will be held to the same standards as parties that are represented by counsel.