New Mexico Attorney Blog
July 7th, 2010
All states provide a statutory basis for the dissolution of marriages by their courts. The basis for dissolving a marriage will vary from state to state. In the State of New Mexico there are four statutory grounds for divorce. One of the four grounds for divorce is what is typically referred to as the no-fault provision and the other three require a finding of fault by the other spouse. The relevant portion of the statute reads: “…, a district court may decree a dissolution of marriage on any of the following grounds: A. incompatibility; B. cruel and inhuman treatment: C. adultery; or D. abandonment.”
“Incompatibility” exists when there is such discord or conflict of personalities that the legitimate ends of the marriage relationship have been destroyed preventing any reasonable expectation of reconciliation. This provision is typically referred to as the no-fault provision. In other words, if one party testifies that from their perspective that the parties are incompatible, a judge may grant a divorce. Experience dictates that a party presenting contrary testimony that the parties are compatible will not be able to defeat the petition for dissolution. The very fact that the two parties have differing views on whether they are incompatible appears to support the proposition that they are “incompatible.”
As to the remaining three grounds B, C and D, a party who makes any of these allegations must prove the grounds by a preponderance of the evidence. In the area of adultery, it is sometimes very difficult to prove actual “sex outside of marriage” without an admission of one of the parties or “being caught in the act”. Cruel and inhuman treatment is also fraught with some difficulties where there are mild behavior patterns or interaction between the spouses that constitute acts of emotional, verbal, psychological, social abuse, etc. Such behavior in marriage without further physical evidence, may not constitute cruel and inhuman treatment. Abandonment may be one of the easier to prove since clearly one party has chosen to leave a marriage and most often cannot be found for service of the petition.
Most divorces are filed under grounds of “incompatibility” or the no-fault provision even where there may be an indication that one or more of the fault provisions are present. There can be some very clear advantages and disadvantages in choosing your grounds for filing a divorce action and each situation is very different. You should consult an attorney before deciding which ground or grounds for dissolution of your marriage are best for your factual situation.
Tags: Causation, Divorce, Emotional Security, Incompatible, new mexico, no-fault divorce
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July 7th, 2010
Failure to diagnose a condition is a form of medical malpractice. Failure to diagnose cases can also include issues of delayed diagnosis. With certain medical conditions, the delay can allow the disease to progress into stages that cause irreparable harm. For example, if a patient has an infectious disease, the failure to diagnose the disease in a timely manner can mean the difference between life and death. Statistics show that most medical malpractice claims arise because a physician failed to diagnose some type of a condition. Failure to diagnose is a negligent action that deserves compensation for the financial burdens as well as the pain and suffering that it has caused. If you or a family member is suffering from a condition due to the healthcare professional’s failure to diagnose, please call us today to set up a free consultation regarding a potential medical malpractice claim.
Posted in Medical Malpractice | No Comments »
June 16th, 2010
Parents have a difficult time talking about their divorce with their children. Some people want to speak ill of their ex-spouse. While doing this may make you feel good, doing it in front of a child can hurt the child, adding to a child’s fear and insecurity. It is important for both parents to meet with the child and explain in a very calm manner what changes are about to take place. You must jointly plan what you are going to say to your child ahead of time. Ask the child age appropriate questions and let them talk about what they are feeling. You must take all of their questions seriously. It is important to recognize that the divorce will have an effect on the child’s daily routine and future.
It is important that you do not discuss the details of the divorce in front of them because this can lead to unnecessary arguments. When talking about your ex spouse or partner, make only positive comments and refrain from negative or derogatory comments in front of the child.
Divorce can lead to many emotional and physical problems for children. Your child may feel that they are the reason that the two of you are separating. They can feel that both parents are abandoning them. Children can develop physical illnesses because of the divorce. They need the reassurance of both parents that the divorce is not their fault and that the two of you still love them.
Preschoolers have a very hard time adjusting to a divorce. If the divorce is hostile, they are at a greater risk of becoming “bullies” or being the subject of abuse. At this age group, males have a harder time with the separation anxiety than females. Also, during the adolescent years, it is a smart for both parents to work together. This can minimize the potential manipulation by preteens and teens of both parents, in addition it will help to curb potential rebellious attitudes of teens. Teens that cannot lean on parents or family members for support are more likely to abuse alcohol and drugs.
In any separation or divorce, it is critically important that both parents shower their child with love, discipline, kindness and emotional support, giving them ample opportunity to express their concerns. You don’t need to become a Disney Land Dad or Recreation and Amusement Mom to express love and support. Teaching a child how to love, relate to others, create a healthy work ethic and live in community are gifts that any parent can give to their children regardless of the parent’s socio-economic status and the divorce or separation. Throughout the divorce, separation and all of the years following a division in a family, parents must always place the child’s best interest above their own interests.
Tags: Best Interest, Child Custody, Children, Divorce, Emotional Security, Family Law, Legal Separation, new mexico, Paternity, Separation, Visitation
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May 12th, 2010
There are a variety of situations that can lead to a medical malpractice claim. Medical Malpractice claims can range from the obvious (a doctor leaving a sponge in a patient’s stomach during an operation) to the not so obvious (a doctor failing to tell a patient that a prescribed drug might cause heart failure). Most medical malpractice claims can be categorized into one of the following general categories: (1) Failure to Diagnose; (2) Improper Treatment; and (3) Failure to Disclose Known Risks.
Cases fall into the first category when a competent doctor would have discovered the patient’s illness or made a different diagnosis, which in turn would have led to a better outcome than the one actually achieved. Cases fall into the second category when a doctor treats the patient in a way that no other competent doctor would have treated the patient. In a similar vein, it may also be malpractice if the doctor selects the appropriate treatment but administers it incompetently. Finally, cases fall into the third category when doctors breach their duty to warn patients of known risks of a procedure or course of treatment – this is also known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure.
Call us today to set up a free consultation regarding a potential medical malpractice claim.
Tags: Attorney, common, Medical Malpractice, types
Posted in Medical Malpractice, Personal Injury Law | No Comments »
May 12th, 2010
5) Assume that you cannot afford to hire an attorney.
When I am hired to represent clients that are trying to get SSI/Social Security disability benefits my fees are based on a 25% contingent fee of the back pay that is recovered. That means that I only collect a fee if I am successful for my clients and I get them on disability benefits.
Assuming that we are successful, my fee would be 25% of the back pay that you recover. For example; if you were entitled to $1,000 a month for Social Security disability and you were owed 4 months of back pay at the end of your case, your back pay would total $4,000. Out of the $4,000 that is owed, 25% would go to pay your attorney which would equal $1,000. You would get the remainder which would be $3,000.
This fee setup is good for a number of reasons: 1) You do not have to have any money up front to hire me; 2) I only am entitled to collect a fee if I am successful for my client and they recover back pay; 3) I will do everything I can to work hard and be successful for my clients because I only get paid if I am successful; 4) I only take cases that I think I can be successful on for the reasons mentioned above.
Tags: disability, Social Security, Social Security attorney fees, Social Security back pay, SSI
Posted in Social Security Law | No Comments »
May 3rd, 2010
First, check to see if you or anyone else is injured. If, so, you should try to render aid, if you can safely do so. Even if you think someone else is at fault, it is a good idea to try to prevent further injury.
Second, try to prevent causing any additional accidents. If you are in the middle of traffic, safely move off of the roadway. If your vehicle is in the middle of traffic, place flares or warning triangles on the road. Allow police and other emergency personnel investigate the scene with the vehicles in place and move them safely out of the way.
Third, call the police. Tell them immediately if you or anyone else is injured. Answer their questions honestly, but do not admit fault. If you are confused or in a daze, tell the police you need medical treatment and aren’t able to accurately discuss the events at the moment. Remember, anything you say can be used against you in a court proceeding. Even if you think the damage wasn’t too bad, or you weren’t injured, having a police report can help you pursue or defend against a claim that arises later.
Fourth, get all the information you can from the other drivers. Make sure to get their names, addresses, driver’s license numbers, make and model of their vehicles, license plate numbers, and insurance company and policy numbers. Get contact information for any witnesses, also.
Fifth, take pictures of the scene and any vehicles that may have been involved. Take your valuable belongings out of the vehicle if it is safe to do so. If you are too injured, take pictures or remove your valuables, do so as soon as you are able.
Sixth, if you are injured, get medical treatment. Don’t decline treatment to save money or to be strong. If you are not hurt, do not accept treatment you don’t need. Remember, though, after an accident you may not feel the pain of the injury until hours or days later. Seek medical help as soon as you feel the injury.
Seventh, contact a good attorney as soon as you are able to after your initial treatment. The sooner you contact an attorney, the sooner he will be able to gather important evidence and prevent your insurance company from taking advantage of you. Do not give any statements to your insurance company until you have met with an attorney. A good attorney can help you obtain higher settlements and prevent you from making expensive mistakes.
Eighth, you need to need to report the accident to your insurance carrier, but keep in mind you need the protection of an attorney before you make any statements regarding the accident.
Ninth, do not agree to settle with the other person, even if you were the one at fault. This rarely works to your advantage. Never agree not to call the police. Police reports can determine the fault for an accident can be greatly advantageous. Not calling the police only gives the other party an opportunity to change his story once the police will no longer investigate the accident.
Tenth, don’t pay a traffic citation without fighting in court if you believe you weren’t at fault, and don’t agree to accept a payment for your vehicle repairs without knowing the actual cost of the repairs.
If you’ve had a motorcycle or automobile accident in New Mexico, please contact our law firm. We have the experience you need to ensure you are represented and get the compensation you deserve.
Tags: Attorney, Causation, claims processing, motorcycle safety, Personal Injury
Posted in Personal Injury Law | No Comments »
April 10th, 2010
1. Emphasize that the divorce is entirely the parent’s decision.
2. Explain that the divorce is not the child’s fault.
3. If true, say everything was done to preserve the family/ relationship.
4. If true, tell children that the decision will not be changed (don’t give false hope).
5. Be open to your child’s questions. If they don’t ask, don’t assume that everything is OK.
6. Be prepared to repeat explanations to children over time.
7. Reassure the children that their needs will be met.
8. Explain the decisions made as to when the children will see each parent.
9. Try to avoid major moves for the children.
10. Reassure children that both parents love them and will continue to see them.
11. If a parent is not involved, try to find a person who can help fill the gap.
12. Try to spend individual time with each child.
13. Do not use the child as a messenger or spy to get even with other parent.
14. Do not force or ask a child to take sides. Don’t bad mouth the other parent.
15. Remember birthdays/holidays. Preserve some traditions and start new ones.
16. Attend special activities in which the child is a participant.
17. Keep promises.
18. Respect generational boundaries and don’t make your child a confidant.
19. Maintain discipline. Love your children, but set reasonable limits.
20. Develop a plan to resolve conflict with the other parent so that the child never sees hostility between the parents.
Tags: Best Interest, Child Custody, Children, Divorce, Family Law, Legal Separation, Paternity, Separation, Visitation
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April 5th, 2010
Riding motorcycles is a popular and enjoyable pastime for many New Mexicans, but can also be one of the most dangerous. You must have proper training, skills, and knowledge to be able to safely ride a motorcycle. Avoidance of accidents is even more important when riding a motorcycle than driving a car because a motorcycle does not provide you any protection from injuries, like a car can. Here are some tips to help you avoid becoming involved in a life-altering accident, or to minimize injuries if you do become involved in an accident.
- Know your motorcycle’s capabilities and ensure that you can comfortable control it.
- Never ride in a car’s blind spot.
- Always wear the proper protective clothing and gear when you ride. Especially be sure to wear a helmet any time you get on a motorcycle.
- Use headlights and signals both day and night
- Never drive under the influence of alcohol or drugs
- Treat other motorists with courtesy and respect
- Remember you are difficult to see. Drive defensively.
Most motorcycle accidents are caused by someone’s negligence that can change your life. Some common causes of motorcycle accidents include driver negligence, hazardous weather conditions and dangerous road hazards. The leading cause of motorcycle accidents is the failure of other drivers to see the motorcyclist. You must assume that the other motorists on the road cannot see you, and ride accordingly
If you or a loved has been involved in a motorcycle accident, please contact us to discuss your right to recover for your injuries and damage to your motorcycle. Our team of lawyers is ready to help you and your family.
Tags: Attorney, motorcycle safety, Personal Injury, tips
Posted in Personal Injury Law | No Comments »
March 24th, 2010
“You never listen to me” is a complaint heard as often from children as parents. Good communication helps children and parents to develop confidence, feelings of self-worth, and good relationships with others. During any conflict in relationships, especially in divorce or separation, parents must listen and communicate effectively with their children. Try these tips:
* Teach children to listen…gently touch a child before you talk…say their name.
* Speak in a quiet voice…whisper sometimes so children will have to listen…they like this.
* Look a child in the eyes so you can tell when they understand…bend or sit down … become the child’s size.
* Practice listening and talking…talk with your family about what you see on TV, hear on the radio, or see at the park or store. (Talk with your children about school and their friends.)
* Respect children and use a courteous tone of voice. If we talk to our children as we would our friends, our youngsters may be more likely to seek us out as confidants.
* Catch children and teens being good. Praise them for cooperating with you or their siblings, or for doing those little things that are so easy to take for granted.
* Use door openers that invite children to say more about an incident or their feelings. “I see,” “Oh,” “Tell me more,” “No kidding,” “Really,” “Hmmmm,” “Say that again, I want to be sure I understand you”, “So are you telling me that …”
* Praise builds a child’s confidence and reinforces communication. Unkind words tear children down and teach them that they just aren’t good enough.
* Children are never too old to be told they are loved. Saying “I love you” is important. Writing it in a note provides the child with a reminder that he/she can hold on to.
* Give your undivided attention when your children want to talk to you. Don’t read, watch TV, fall asleep or make yourself busy with other tasks.
Tags: Best Interest, Child Custody, Children, Divorce, Family Law, Paternity, Separation, Visitation
Posted in Family Law | No Comments »
March 23rd, 2010
Since one in four children will experience the divorce or separation of their parents, then we must help children through the many serious adjustments that they experience. New parental relationships, new homes and schools, and added financial pressures on parents are all significant factors, but critical to a child’s ability to cope is the opportunity to have regular access to both parents. Child experts tell us that children need predictable and consistent contact with both parents and no hostility between parents over the children. A tall order for parents in conflict, but if the focus is on the children’s best interest, then parents will help their children to learn to cope with the changes forced on them by divorce or separation.
Communication is frequently an issue, often resulting in wrong assumptions by one or both parents regarding their children. Frustrated parents may refuse their children access to the other parent or the non-custodial parent may be inconsistent in contact with their children. Unless parental rights are revoked, denying a parent contact with their children is illegal — even if they fail to pay child support. Domestic violence or drug issues sometimes are involved. As long as a child’s safety is not threatened, they still should have contact with a parent, even if third-party assistance is necessary.
Sometimes children become “pawns” in parental battles. As parents seek to win, their children frequently lose. By supporting their child’s contact with the other parent, adults validate the importance of that relationship, and minimize the focus on their own anger, hurts or frustrations. Parents can’t control each other, and benefit most from focusing on what they can control: their own attitudes and behaviors. When adults — even when they feel disrespected — resist the urge to degrade the other parent in front of children, they demonstrate integrity.
There may be frustration with the other parent’s lack of follow-through or availability, and the pain that this causes for children. While making disparaging comments should be avoided, adults should be careful not to make excuses for parental irresponsibility. Non-custodial parents must persist in maintaining contact with their children, even if the other parent makes it difficult or a child seems to push them away. It may feel discouraging now, but perseverance generally pays off with deeper parent-child relationships later. Parents should respect/honor the visitation schedule — both in showing up, and by being on time to pick up and drop off children. They should avoid making promises unless they can deliver on them.
Children need structure and love. Parents should make time with them as “normal” as possible, showing that they are more than a “Disneyland Dad” or “Magic Kingdom Mom,” who constantly entertains. Kids feel safer and grow up more confident with a healthy balance between clear expectations and unconditional support and love.
Tags: Best Interest, Child Custody, Divorce, Family Law, Legal Separation, Paternity, Visitation
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