What to Bring to Divorce Mediation

As a domestic relations mediator, I'm often asked "what should I bring to mediation?"  The short answer is, "whatever documents you think you need related to custody, child support and/or property division."  This is not intended to be flip.  However, you know the facts of your own case better than I do--and the level of accord and amicability between yourself and your spouse or partner.  Specifically, what do you think he or she will need to see to accept your claims about salary, your debt, etc.? 

Marital Settlement Agreements and Creditors' Claims

As part of my divorce mediation practice in New Mexico, I see a lot of "marital settlement agreements" (MSAs) and understand the pitfalls they can entail.  For example, under NMSA Sec. 42-10-2 and 42-10-3 certain assets such as annuities, money purchase plans, profit sharing pans, and individual retirement accounts are ordinarily exempt or protected from creditors' claims, through attachment, garnishment or other legal process--however, that protection can be waived if the parties are not careful.  A recent N.M. case addresses this head one.