NM Divorce & Custody Law, LLC
After You Reach Settlement
After You Reach A Settlement
You’ve gone through mediation or Settlement Facilitation. You reached a settlement with your soon-to-be-ex. You think you’re done and want to celebrate. Sorry to burst your bubble, but there’s still a long road ahead of you.
Post-Mediation or Settlement Facilitation Pleadings
If you settled your case at mediation or Settlement Facilitation, the next step is to draft the pleadings that memorialize the agreements reached. The four most common final pleadings are:
- Marital Settlement Agreement (“MSA”) that addresses dividing up the property and debts, spousal support and child support. There is also a lot of language that attorneys call “boilerplate” that you should go over with your lawyer carefully. It’s like the fine print in any contract.
- If there are children involved, the Parenting Plan gets drafted that deals with legal custody (decision-making) and visitation. Some lawyers put the child support provisions in the Parenting Plan, keeping all child-related provisions in one document; other lawyers put child support in the MSA, keeping all money-related provisions in one document.
- Next, the Final Decree of Dissolution of Marriage is prepared, which includes the legal name change if the wife wants it.
- Lastly, if there are pensions or 401k / 403b plans being allocated, a Qualified Domestic Relations Order (“QDRO”) needs to be prepared, sent to the Plan Administrator for review & pre-approval, then finalized and sent back for implementation. Note that government employee retirement plans and Military retirement plans have their own special forms of orders required to allocate them between ex-spouses. If there are IRAs or investment accounts (other than a pension, 401k or 403b plan), then Letters of Instruction need to be sent to the investment account holder to divvy them up.
Trusted by Families, Praised by Clients
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"Tamara was simply amazing, no nonsense and honest! I really appreciate all her help and allowing me to pick her brain, she is a wealth of knowledge and truly has a heart to help others!"- Tiffany FSan Francisco, CA
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NM Divorce & Custody Law exceeded my expectations in handling my divorce. Tamara and her team are professional, thorough and compassionate. I felt safe, heard and taken care of. Tamara also made sure my kids were heard and their needs were prioritized. We were able to come to a settlement agreement through a successful mediation. The best part of the mediation was my ex and his attorney were in a different room and I never saw them through the whole process! The outcome of the mediation exceeded my expectations and I am so grateful. I highly recommend Tamara and NM Divorce & Custody Law for anyone who is considering divorce. Thank you team!- Christina S.Albuquerque,
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"Excellent grandparent/child custody guidance."
Bright, mature, highly experienced. Calm and confident.- CF and LOAlbuquerque, NM -
"Very professional"
They were always very professional and very informative.- ShannonDeming, NM
Why Choose NM Divorce & Custody Law, LLC?
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We creatively think outside the box to find the best solution for you and your family.
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Our lead attorney has extensive experience in private practice & as a former prosecutor, and will take your case to trial.
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With over 30 years of experience, our team is dedicated to providing expert guidance.
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We manage expectations realistically, ensuring no promises beyond what the law allows.