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. Schedule a consultation with Ms. Hanna to discuss the pros and cons of each process as they relate to your case.
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: The parties and professional team members in a collaborative divorce are committed to:
- - Negotiating a mutually acceptable settlement without having courts decide issues.
- - Maintaining open communication and information sharing.
- - Createing shared solutions acknowledging the highest priorities of each party.
- - Each partner receiving the benefit of having his/her own attorney to act as his/her personal advocate during the settlement.
Q: What is mediation?
A: The neutral mediator is a skilled and experienced professional who creatively assists the parties to reach a mutually satisfactory agreement.
The neutral mediator does not legally represent either party, so the parties will consult with an attorney to review any documents prepared in mediation prior to finalizing those documents. The role of the consulting attorneys can be as narrow or as expansive as the parties prefer.
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 limited say in how their case is resolved.
Q: What should I do when hiring a family law attorney?
A: Follow these guidelines
- 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.
- Effective communication between you and your attorney will help build the necessary trust and confidence for a satisfactory attorney-client relationship.
- 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.
- 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?
- 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.
- 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: A very simple case may cost a modest amount
while a more complex case will naturally be more time consuming and therefore more expensive. Claire Sanderson Hanna 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: Mediation is usually the most cost effective method of conflict resolution.
The parties hire one mediator and split the cost. In addition each pays his and her own legal consulting fees with their own attorneys. This conserves the family's resources and allows the parties to use their funds for more important matters.
Q: What do I need to bring to my consultation appointment?
A: You do NOT need to bring anything with you to the meeting.
If you have a basic understanding of how much your assets and debts are worth, that would be very helpful. If you happen to have current income tax returns and/or financial statements handy, then it is useful to bring that information with you to the meeting.