Frequently Asked Questions

Q: Does Ms. Hanna offer a legal consultation?

A: Yes, Ms. Hanna encourages potential clients to schedule a consultation when considering any legal action.

At the initial consultation you will give Ms. Hanna an overview of your domestic relations matter so that she can accurately advise you of your legal rights and obligations under New Mexico state law. Ms. Hanna will then answer any question you may have and will suggest what actions should be taken next. Ms. Hanna’s legal consultation fee is $240.00 plus tax and typically takes 60-90 minutes.

Each domestic relations dispute varies greatly depending on the individual circumstances of each case. As such, you should schedule a legal consultation with Ms. Hanna to determine the complexity of your case, learn the estimated cost of your case, and discuss the process for resolution of your case.

There are three processes available for resolution of your domestic relations matter: collaborative law, mediation and traditional litigation.

Q: What is Collaborative law?

A: Collaborative law is a way for you to resolve disputes respectfully...

...without going to court while working with trained professionals who are important to all areas of your life. The heart of Collaborative Practice or Collaborative Divorce (also called “no-court divorce,” “divorce with dignity,” “peaceful divorce”) is to offer you and your partner the support, protection, and guidance of your own lawyers without going to court. Additionally, Collaborative Divorce allows you the benefit of child and financial specialists, divorce coaches and other professionals all working together on your team.

Q: What are the core elements in collaborative practice?

A: Core elements form your contractual commitments and are to:

  • - Negotiate a mutually acceptable settlement without having courts decide issues.
  • - Maintain open communication and information sharing.
  • - Create shared solutions acknowledging the highest priorities of all.
  • - Each partner receives the benefit of having his/her own attorney to act as his/her personal advocate during the settlement.

Q: What is mediation?

A: Mediation allows parties to explore and brainstorm creative resolutions and achieve a mutually agreeable fulfillment of expectations.

In Mediation Ms. Hanna works jointly and simultaneously with both parties; she is not an advocate of either individual partner. Therefore to ensure each party is fully advised of his or her legal rights, each party is required to hire his or her own attorney to review any mediation settlement.

Q: What is litigation?

A: In litigation each party hires his or her own attorney.

The attorney then works with their client to form an argument to try and win their case. The case is then presented before a judge who settles the case as he or she sees fit. In this model the power is given fully to the judge-the parties have little or no say in how their case is resolved.

Q: What should I do when hiring a family law attorney?

A: Follow these guidelines

  1. Interview attorneys in order to choose one with whom you feel comfortable. Remember that family law legal matters often involve candid discussions of personal issues.
  2. Effective communication between you and your attorney will help build the necessary trust and confidence for a satisfactory attorney-client relationship.
  3. Discuss your goals and expectations of your legal matter with your attorney so that you and your attorney are in sync. Remember, this is an ongoing process and goals and expectations may change during the course of the legal matter, so regular communication between you and your attorney is important.
  4. Ask about which legal process the attorney recommends in you particular case. Is litigation the recommendation? Is Collaborative law? Is settlement facilitation? Which process or legal action is being recommended and why?
  5. Choose an attorney experienced in family law. In your initial meeting with an attorney, ask how long he or she has been practicing and how much of his or her legal practice is devoted to family law.
  6. Once you understand your choices and options you can make an informed decision as to how you wish to proceed in resolving your legal matter.

Q: How much will my case cost?"

A: Legal fees vary widely depending on the circumstances of each case.

A very simple case may cost a few thousand dollars while a more complex case will naturally be more time consuming and, therefore, more expensive. Ms. Hana will need an accurate understanding of your case and your needs before estimating the cost of your case. This cannot be achieved with a brief telephone call. Instead, Ms. Hanna will need to meet with you for a consultation appointment before estimating a price range for your case. Contact Ms. Hanna to schedule a consultation appointment.

Q: Why are Collaborative Law and Mediation more cost effective?

A: In a typical litigation case, conflicts will be taken to court...

... where a judge will make the final decisions about how to resolve the problem. For some families this is necessary, but it is often costly. Each party is paying for the time it takes to discuss the matters with their separate attorneys, they are paying for the time it takes their attorney to prepare for court, and they are paying for the time their attorney spends in court. These fees can add up quickly, especially if the matters are very complex and time consuming.

Although Collaborative Law also deals with two attorneys and therefore two attorney's fees, matters are kept out of court. This results in fewer court fees and no fees from the attorney for the time they had to spend in court. Since the parties agree to resolve the matters as peacefully as possible, they can make decisions more quickly, and therefore less expensively, then if the parties had argued in litigation.

Mediation is usually the most cost effective method of conflict resolution. The parties hire one mediator and then split the cost. This saves families their limited resources and allows them to use their funds for more important matters.

Q: What do I need to bring to my consultation appointment?

A: You should have a basic understanding of the facts surrounding your case.

However, you will NOT need any paperwork or documentation for your initial appointment.