Claunch Family Law Lawyer, New Mexico, page 2

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Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

Ricardo A. Berry

General Practice
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Neil Philip Mertz

General Practice
Status:  Deceased *Status is reviewed annually. For latest information visit here           Licensed:  49 Years

Shane A. Henderson

General Practice
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Mercedes C. Murphy

General Practice
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Stephen K. Kortemeier

Other
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

John R. Gerbracht

General Practice
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Carolyn McElroy

General Practice
Status:  Inactive *Status is reviewed annually. For latest information visit here           Licensed:  24 Years

Taryn-Marie Mccain

General Practice
Status:  Inactive *Status is reviewed annually. For latest information visit here           

Taryn M. Mccain

General Practice
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Archie A. Witham

Landlord-Tenant, Commercial Real Estate
Status:  Inactive *Status is reviewed annually. For latest information visit here           

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LEGAL TERMS

POT TRUST

A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One impor... (more...)
A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One important advantage of a pot trust over separate trusts is that it allows the trustee to provide for one child's unforeseen need, such as a medical emergency. But a pot trust can also make the trustee's life difficult by requiring choices about disbursing funds to the various children. A pot trust ends when the youngest child reaches a certain age, usually 18 or 21.

PETITIONER

A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly div... (more...)
A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly divorce and other family law cases.

MISUNDERSTANDING

A mistake by both spouses in a marriage that can serve as grounds for an annulment. For example, if one spouse went into the marriage wanting children while the... (more...)
A mistake by both spouses in a marriage that can serve as grounds for an annulment. For example, if one spouse went into the marriage wanting children while the other did not, they have a misunderstanding that will be judged serious enough for a court to terminate the marriage.

PALIMONY

A non-legal term coined by journalists to describe the division of property or alimony-like support given by one member of an unmarried couple to the other afte... (more...)
A non-legal term coined by journalists to describe the division of property or alimony-like support given by one member of an unmarried couple to the other after they break up.

CONFINEMENT IN PRISON

In most states with fault divorce, grounds for a spouse not in prison to obtain a fault divorce if the other spouse has been imprisoned for a certain number of ... (more...)
In most states with fault divorce, grounds for a spouse not in prison to obtain a fault divorce if the other spouse has been imprisoned for a certain number of years.

EMANCIPATION

The act of freeing someone from restraint or bondage. For example, on January 1, 1863, slaves in the confederate states were declared free by an executive order... (more...)
The act of freeing someone from restraint or bondage. For example, on January 1, 1863, slaves in the confederate states were declared free by an executive order of President Lincoln, known as the 'Emancipation Proclamation.' After the Civil War, this emancipation was extended to the entire country and made law by the ratification of the thirteenth amendment to the Constitution. Nowadays, emancipation refers to the point at which a child is free from parental control. It occurs when the child's parents no longer perform their parental duties and surrender their rights to the care, custody and earnings of their minor child. Emancipation may be the result of a voluntary agreement between the parents and child, or it may be implied from their acts and ongoing conduct. For example, a child who leaves her parents' home and becomes entirely self-supporting without their objection is considered emancipated, while a child who goes to stay with a friend or relative and gets a part-time job is not. Emancipation may also occur when a minor child marries or enters the military.

CONNIVANCE

A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adul... (more...)
A situation set up so that another person commits a wrongdoing. For example, a husband who invites his wife's lover along on vacation may have connived her adultery, and if he tried to divorce her for her behavior, she could assert his connivance as a defense.

PROVOCATION

The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going t... (more...)
The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going through. For example, if a wife suing for divorce claims that her husband abandoned her, the husband might defend the suit on the grounds that she provoked the abandonment by driving him out of the house.

DILUTION

A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurr... (more...)
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurred. In this case, trademark infringement exists even though there is no likelihood of customer confusion, which is usually required in cases of trademark infringement. For example, the use of the word Candyland for a pornographic site on the Internet was ruled to dilute the reputation of the Candyland mark for the well-known children's game, even though the traditional basis for trademark infringement (probable customer confusion) wasn't an issue.

SAMPLE LEGAL CASES

Karpien v. Karpien

... No. 28,060. Court of Appeals of New Mexico. March 16, 2009. 1166 Sidney Childress, The Childress Law Office, Albuquerque, NM for Appellant. The Family Law Firm by Felissa M. Garcia, Donna Trujillo Dodd, Albuquerque, NM, for Appellee. 1167 OPINION. CASTILLO, Judge. ...

In re Griego

... Rule 21-200(A) states that "[a] judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary," and Rule 21-200(B) provides that "[a] judge shall not allow family, social, political or ...

IN RE CABLE FAMILY TRUST JUNE 10, 1987

... intended by the grantors in this case, we do not need to hypothesize whether an unrestricted power to withdraw necessarily includes a power to amend in all cases as a matter of law. I. BACKGROUND. {2} In July 1987, Lowell and Martha Cable created the Cable Family Trust to ...

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