Albuquerque Divorce Lawyer Blog

With the enormous technological advances and explosion of the internet during the past few decades, New Mexicans are able to exchange more information and communicate more effectively than ever before. Access to the internet can be an amazing tool, for instance, it can help you research a variety of legal topics, including family law blogs like this one. However, the posting of personal information on blogs and social networking sites like Facebook and MySpace can sometimes pose a problem in family law cases. This is particularly so in contested divorce and child custody cases.

Imagine two parents engaged in a fierce child custody battle wherein each parent alleges that the other is unfit to raise their children. If one parent, or their friends, posts pictures of a weekend party with that parent consuming alcohol, or engaging in other potentially dangerous or unsavory behavior, that post could easily find its way into the hands of the other parent. In fact, one is safe to assume that it will.

In turn, that post can be presented a custody evaluator or Guardian Ad Litem in charge of making a recommendation to the court with respect to custody. Likewise, the evidence will eventually be presented to the judge if the case makes its way to trial. This is also true of negative comments made about the other spouse on a blog or during a Facebook chat. The opposing party may even be able to find out the other party is misusing community funds or hiding assets based on what they say in internet postings. Just as the internet can be a great way to research legal topics or sports trivia, it can be an excellent way for opposing parties in court cases to investigate each other's habits, friends, associates and activities.

Any party to a family law proceeding, whether it is a divorce, a paternity action or a renewed dispute over child custody and/or child support, should consult an experienced divorce and family law attorney immediately. As part of that consult, parties should advise their attorney of any information about them that may be available on the internet. Some attorneys advise parties to completely discontinue use of blogs and social networking sites until a divorce action is completed, or at the very least make sure that privacy settings are set as high as possible. Remember that everything a party posts on the internet has the potential to be reviewed by the public and, in turn, is most likely admissible in family court proceedings, which can be very damaging. The best policy is to resist the urge to share on social networking sites. As good as it might feel to share your innermost thoughts, the internet is not an intimate conversation. Instead, it is a public forum and should be treated as such.

Sarah Armstrong
Albuquerque Attorney
www.CollinsAttorneys.com

One of the most complicated and contentious issues in a divorce is the division of marital property and debt. The first great challenge is often identifying and valuating the marital property. Given that New Mexico is a community property state requiring equal division of all marital property and debt, both parties have a significant interest in making sure that all marital assets are properly identified and valued.

Unfortunately, sometimes one or both spouses will try to manipulate assets or asset values. They may try to classify community property as separate property. Other times, one or both parties will try to distort the value of the property, up or down, depending upon motive. Worst case, one or both parties will try to hide assets.

So what can be done if a spouse suspects that the other spouse is hiding assets? The first step is to use the tools available under the New Mexico Rules of Civil Procedure and begin the discovery process. Discovery is the system devised by the courts for the exchange of information in court cases and it can include written requests for information (called interrogatories, requests for production and requests for admission). In a divorce case, the main focus of discovery is getting both parties to accurately identify all of their debts and assets. The discovery process also allows the parties to hold depositions, which is an interview, held under oath at which the spouse being interviewed can be required to answer questions about the existence of assets. Parties can also be required to bring documents to depositions.

If the parties have engaged in the traditional discovery process and one spouse still believes that the other is hiding assets, it may be time for that party to think about hiring an investigator. Such investigators are typically certified public accountants who are trained in reviewing financial records to look for evidence of missing assets. Basically they are looking for a paper trail connecting various deposit and receipts and tracing where all of the marital income went. Sometimes the investigator is appointed by the court as an expert charged with reviewing the financial records provided during discovery.

Hiring an investigator or asking the court to appoint an expert can be very expensive. Neither party is advised to go down this road unless it is absolutely necessary. Often a good forensic accountant will charge more per hour than the attorney. Often a basic review of the documents provided during discovery will show where all of the parties' marital income has been spent and that there isn't' anything to hide. An experienced family law attorney may be able to trace that money and dispel fears of hidden assets without having to hire an expert. Therefore, if a spouse believes that another spouse is hiding assets it is very important to review that claim with an attorney before proceeding.