- DivorceOur Albuquerque family law lawyers work closely with you in these difficult scenarios to reach the best result for you. Whether you are facing a contested or uncontested divorce, our attorneys will be in your corner helping to insure that your best interests are being preserved. Division of property and debt is a major element of any divorce action and even more so in New Mexico which is a community property state. Our family law attorneys will help you navigate the troubled areas of division of assets, community and separate property, and pensions, retirement benefits and business interests, keeping your interests in mind every step of the way.
- Child SupportChild support is often determined by the courts or by settlement agreement. The state takes an interest in insuring that the child’s rights and needs are accounted for. It is a common misconception that the father is the only party required to pay child support. Likewise, marriage is not a requirement for child support to be appropriate. Maternity/paternity is the key issue. If you have any questions regarding this process please contact our a child support attorney.
- Child Custody and VisitationIn addition to these more common areas of practice within the area of family law, our attorneys can assist you with prenuptial agreements, child visitation plans, post-divorce order modifications, and even issues arising in the arena of paternity. Furthermore, our New Mexico family law lawyers are trained and equipped to assist you with the normal to the most difficult of domestic violence cases, bearing in mind the profound effect such cases can have on you, your family and your family’s future.
- Adoption
- PaternityPaternity is the legal recognition of the parental relationship between a man (or woman) and a child determined by assessing multiple factors. The courts generally consider common law rules, petitions by interested parties and physical evidence. This court determination resonates in areas including visitation rights, child support obligations and even inheritance of real and personal property. Contact a family law attorney today if you would like help establishing paternity.
- Premarital AgreementOur Albuquerque business attorneys can help whether you need a lease, a sale agreement, a purchase agreement, a prenuptial agreement, a security agreement, or just about any other type of agreement you need with all required accompanying documents (promissory notes, UCC financing statements, personal guarantees). We know the importance of having a proper contract when doing business.
- GuardianshipWhen issues arise in matters of family law we understand that stress and emotions are certain to run high. Our family law attorneys can help you organize, plan and execute strategies to minimize the difficulties inherent in disputes amongst and regarding the family unit. Our firm can help you through the most difficult of divorce actions, legal separations, child custody and guardianship determinations, child spousal support valuations, post-decree enforcement and child adoptions.
- Spousal SupportA prenuptial agreement, also called an antenuptial or premarital agreement is a contract that is generated and executed prior to entering into marriage or civil union. While the terms and subject matter of such contracts vary, division of property and debt and spousal support are common. Although these agreement are contracts, our Albuquerque Business Lawyer can draft one for your needs. Protection of personal assets and organized planning are the key advantages to such contracts. Prenuptial agreements are essential to protecting the wealthier party.
- Legal Separation
- AnnulmentAnnulment is the legal process that seeks to declare a valid marriage to be legally null and void. This declaration would be retroactive, meaning that the entire marriage could be invalidated and the parties would be placed in approximately the same proportionate positions as they had been at the time of the marriage formation. There are many reasons to consider annulment as opposed to divorce. Call our firm to have your questions answered.
- Criminal DefenseAlbuquerque Lawyers that can assist clients with bankruptcy, business law, criminal defense, divorce, estate planning, family law, personal injury, probate, real estate, taxes and more.
- DUI/DWIA Albuquerque DWI lawyer can help you if you have been arrested for a DUI. DUI in New Mexico is a serious charge. In New Mexico a blood alcohol content of greater than.08% or greater makes it illegal to operate a motor vehicle. For commercial drivers that limit is further reduced to 04%. For New Mexico drivers under 21 years old, the BAC limit is 0.02%. A conviction for even a first offense can result in significant fines and even jail time depending on aggravating factors. Don’t face these charges on your own. Let our qualified attorneys help with aggressive representation and personalized service. Our attorneys will be with you every step of the way from arraignment including any Department of Motor Vehicle administrative hearings and court appearances up to the conclusion of the case. Conviction of a DUI in New Mexico will require a ignition interlock.
- MisdemeanorsCommon misdemeanors include domestic violence or battery. Even though these crimes are only misdemeanors, the result of ignoring them will be serious, and can have major consequences. We know that a call to the police for a domestic violence situation is often not justified; often both parties are emotional and simply do not understand the consequences of making a call to the police. Contact us today so that you do not miss any important deadlines or face any unfortunate consequences.
- Drug CrimesAt BFD lawyers we believe that by conducting an in-depth investigation and analysis of the facts and defenses of every client’s case, we can achieve the best results possible. The lawyers at Findlay and Dziak law firm in in Albuquerque and Los Lunas are committed to researching every detail of your case and are knowledgeable in the law and personally committed to each client. At the BFD Law Firm we are aggressive criminal defense lawyers who represent clients in state and local criminal courts ranging from misdemeanor to DUI, and juvenile matters. We can handle your drug charges, or your criminal appeal. If you or members of your family are faced with criminal charges leave nothing to chance by exploring all your defense options with one of our knowledgeable attorneys who will present you with all available options. Take a moment to call our criminal defense attorney in Albuquerque, or fill out our contact sheet and a member of our team will be in touch with you to schedule an in person appointment or telephone consultation.
- Corporate LawThere are several different options for business entities. Selecting the appropriate choice depends on many different factors that can impact how the business runs and operates. For more information about forming a New Mexico business entity be sure to visit our entity formation page. Our attorneys are also specialized in the formation of nonprofit entities and obtaining recognition as a tax exempt organization; visit our New Mexico nonprofit formation page for more info.
- Business Formation
- Business DisputesMany people seeking to start a business wonder “How do I form a business in New Mexico?” We can help you answer this question. In addition to Entity Formation we offer services related to the formation of a business such as establish tax identifications and other required business permits. See the Business law practice page, or contact us for more information.
- Premises LiabilitySlip and fall cases are also known as premises liability. In order to have a successful slip and fall claim, the injured party must show that the landowner or tenant of the building caused the injury or knew of the conditions which caused the injury with enough time to fix those conditions. A Albuquerque injury lawyer can help you pursue your slip and fall claim. Contact us today to inquire about your case.
- Real Estate TransactionsReal Estate issues in New Mexico come in a variety of shapes and sizes. At Findlay & Dziak, our attorneys understand that each client has a unique situation and each property has its own special set of circumstances. Because of the complexity of real estate transactions, hiring experienced legal counsel is necessary to ensure that you have covered every step in your transaction. You need a knowledgeable law firm that knows the real estate industry in New Mexico and is familiar with the entire process from beginning to end.
- Landlord-Tenant DisputesNew Mexico rental law is divided into to two categories; commercial and residential. Residential landlord tenant issues fall under the Uniform Owner Resident Relations Act that governs specific acts of both landlords and tenants during occupancy and eviction if necessary. This Act is very specific on the duties of the landlord and the tenant. The Act governs specific duties for both parties and can impose harsh penalties for violations of an individual involve in such an agreement. Our attorneys can help outline your rights and duties in either circumstance to help protect yourself and avoid costly mistakes.
- Personal InjuryAn Albuquerque personal injury attorney can help you get the compensation you deserve for injuries to you or your loved one. We know accidents happen, but we also know that not dealing with an accident properly can result in financial hardship later on. First and foremost we always advise that the person seeking advice seek medical treatment (often the case cannot be settled until all medical treatment stops).
- Medical MalpracticeMedical malpractice claims can be difficult to prove. Additionally the injury has to be more than unsatisfactory health care. The ability to recovery for your medical malpractice injury will depend on whether you can establish the elements required to bring a medical malpractice claim.
- Auto Accidents
- Estate PlanningWhen someone dies, their property must be distributed and their creditors paid. The distribution process is typically done through something called Probate. Probate requires someone acting on behalf of the deceased person (“decedent”) to gather property, notify and pay off creditors, pay taxes, and distribute the remaining property to the deceased’s heirs according to his or her will. Probate or district court is where the will gets admitted. the probate court will then issue letters testamentary to give someone the ability to act on behalf of the estate; this person is known as the personal representative of the estate. Sometimes an attorney will serve as the personal representative of the deceased’s estate, or it can be a trusted friend or family member designated by the deceased’s will. Probate can be an expensive process because it is done through the court system. Proper estate planning can allow an individual to avoid to costs associated with probate.
- WillsLiving Wills & Advanced Healthcare Directives – These documents allow you to make the choice regarding medical decisions for known situations. These documents are for planning in the event that you become incapacitated. A New Mexico attorney could help you prepare these documents and designate who will make decisions if something unfortunate should happen. Living wills and advanced directives are a core part estate planning and are always recommended.
- TrustsLiving Trust – A New Mexico living trust attorney can help you create the best revocable living trust to meet your needs. A trust is basically an agreement where a trustee holds property for the benefit of someone else or yourself. By using a trust correctly you may be able to minimize taxes leaving a larger inheritance. A New Mexico living trust lawyer can help you create a trust that allows you to decide exactly how you want your assets distributed. A living trust allows property to pass without being subject to probate; this avoids the cost associated with probate and the terms of the trust can remain private unlike a Will. If avoiding probate is not an option, our Albuquerque probate lawyer can help guide you through the probate process. Trusts may also be setup for a variety of other reasons such as the support of a disabled child or to provide for a charitable cause.
- Power of AttorneyOur New Mexico estate planning attorneys can help you prepare a power of attorney form. A power of attorney is a special form that allows a person to act on behalf on another. The power of attorney can be drafted in such a way that it will still be effective in the event of incapacity (normally the power of attorney would cease at death).
- Probate
- BankruptcyAny petitioner for bankrupcty will be required to complete a credit counseling program with an agency approved by the United States Trustee. The entire Chapter 7 bankruptcy process can be expected to take from 4 to 6 months. The average administrative and filing fee expense is $300, and please contact us about attorneys fees.
- Tax LawOur tax attorneys can help you with various aspects of taxation, whether it be from tax planning, negotiating with the Internal Revenue Service, or litigation before the tax court or federal district court. Additionally, our New Mexico tax attorneys can help you deal with New Mexico’s unique gross receipts system. If you need help with your tax issue, contact us today.