Much has been said about the issues discussed in divorce. But what about the procedure? Are you intimately familiar with all the “musts” and “must-not's” of family court? This procedural guide will walk you through a detailed step-by-step instruction on the mechanics of a divorce case. Streamline your motions practice and explore new and time-tried discovery techniques. Get sample forms and tactical tips to make your next case go more smoothly for you and the client. Order today!

1. Divorce Case Intake and Pre-Litigation Tactics
2. Commencing Divorce Action
3. Discovery Procedure
4. Ethics
5. Pre-Trial Motions Practice and Settlement Strategies
6. Trial of a Divorce Case
7. Enforcement and Post-Trial Modifications

1. DIVORCE CASE INTAKE AND PRE-LITIGATION TACTICS
   9:00 - 9:45, Christen Hagemann
   1. Client Interview Questions and Documents to Obtain
   2. Advice to Client Who Hasn't Yet Told the Spouse About the Decision to Divorce
   3. Initial Analysis and Investigation
   4. Declining Representation
   5. Case File Organization Tips
   6. Divorce From Bed and Board/Legal Separation
   7. Annulment: Grounds, Procedure, Consequences of an Annulment Decree
   8. Is an Expedited Procedure Available?
2. COMMENCING DIVORCE ACTION
   9:45 - 10:45, Christen Hagemann
   1. Determining Residency and Declaring Domicile
   2. Venue and Jurisdiction Considerations and Conflicts
      1. Personal
      2. Subject Matter
   3. Automatic Orders
   4. Summons/Petition and Response
   5. Service of Process (Defendant in the State, in Another State, in Another Country, or Cannot be Located)
   6. Motions for Temporary Relief
   7. Scheduling Orders and Meeting the Deadlines
   8. Responsive Pleadings – What to Use, When and How
3. DISCOVERY PROCEDURE
   11:00 - 12:00, Christen Hagemann
   1. Timing of Discovery
   2. Requesting and Gathering Evidence (Interrogatories, Requests for Admissions, Depositions, Medical Examinations, Requests for Production, etc.)
   3. Evidence Production
   4. Spoliation Considerations
   5. Impact of Current Technology on Divorce Discovery (Including: E-Mail; Text Messaging; Social Networking Sites and Blogs; Privacy Issues in Wiretapping and Other Surveillance; etc.)
   6. Locating, Valuing and Dividing Assets
   7. Pros and Cons of Using Private Investigators
   8. Supporting the Claim for the Primary Caregiver
   9. Guardian Ad Litem/Custody Evaluators Communications, Reports, Fees
   10. Case Law Update
4. ETHICS
   1:00 - 2:00, Amanda Pagan
   1. Fee Agreements – Review a Sample Agreement
   2. Dealing With a Pro Se Litigant
   3. Conflict Checks
   4. Ethics Case Law Update
5. PRE-TRIAL MOTIONS PRACTICE AND SETTLEMENT STRATEGIES
   2:00 - 2:45, Amanda Pagan
   1. Preliminary Orders
   2. Addressing the Validity of Pre- and Post-Nuptial Agreements
   3. Obtaining Retraining/Protective Orders in Cases Involving Domestic Violence
   4. Tips for Negotiating Child Custody and Visitation
   5. When and How to Use ADR Procedures: Arbitration, Mediation, and/or Med-Arb
   6. Judicial Settlement Conference
6. TRIAL OF A DIVORCE CASE
   3:00 - 3:45, Thomas C. Montoya
   1. Family Court Trial Procedure
   2. Introducing Evidence
   3. Maximizing Client/Witness Testimony
   4. Final Disposition
   5. Effective Use of Trial and Post-Trial Motions
   6. Preserving Issues for Appeal
7. ENFORCEMENT AND POST-TRIAL MODIFICATIONS
   3:45 - 4:30, Thomas C. Montoya
   1. Preparation and Implementation of (Qualified) Domestic Relations Orders
   2. Support Order Enforcement Options (Civil Contempt, Execution, Garnishment, Attachment, etc.)
   3. Support Modification Requests: Grounds, Proof, Procedure
   4. Relocation Issues
   5. Current Case Law

CHRISTEN HAGEMANN is a partner with the law firm of Wolf & Fox, P.C., where her areas of practice include family law, gaming law and employment law. She has been appointed to serve as a settlement facilitator to assist with settlement of difficult domestic relations cases by the judges in the 2nd Judicial District Court. Ms. Hagemann has also been asked to serve as a guardian ad litem in contested custody cases by the 2nd Judicial District Court. She earned her bachelors degree in public administration from Michigan State University. Upon graduating from Michigan State University, Ms. Hagemann worked for the Michigan Legislature until deciding to go to law school. She earned her J.D. degree from John Marshall Law School. Ms. Hagemann is a member of the Albuquerque Bar Association.

THOMAS C. MONTOYA is a shareholder with the Albuquerque law firm of Atkinson & Kelsey, P.A., where he practices primarily in matrimonial law and marital property distribution. He has written numerous articles on family law issues for various professional groups, including the New Mexico Law Review, the American Bar Association and the State Bar of New Mexico. In addition, Mr. Montoya is a frequent lecturer before various groups on subjects relating to family law. A graduate of the University of Southern California, earning his J.D. degree, he is a past co-chair of the Statewide Child Support Guidelines Committee and currently is a member of the Supreme Court Civil Procedure Rules Committee and chair of the sub-committee proposing statewide rules in domestic relations matters. Mr. Montoya is a member of the American Law Institute and the State Bar of New Mexico (member, Family Law Section; past chair, Legislation Committee; Enactments: Joint Custody Legislation, Child Support Guidelines, Public Retirement, Custody Jurisdiction, Child Support Enforcement, Paternity Code, Quasi-Community Property). He is the principal author and editor of New Mexico Domestic Relations Law and Forms, published by Michie-Butterworth.

AMANDA PAGAN is an attorney with Atkinson & Kelsey, P.A., where her areas of practice include adoption, alimony and spousal support, child support, collaborative law, custody and visitation, divorce, domestic violence and neglect, family law, mediation, military law, paternity and prenuptial agreements. Ms. Pagen earned her B.A. degree from the University of New Mexico and her J.D. degree from the University of Mexico School of Law. She is admitted to practice in New Mexico. Ms. Pagen is also a member of the American Bar Association, New Mexico State Bar and New Mexico State Bar, Family Law Section.

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