Legal Question in Administrative Law in New Mexico

Divorce if the other person lives out of state

How does one file for divorce if one party of the married couple has moved out of state and has not been seen or heard from in over two years, can a divorce be filed without having to go to court? And is there an inexpensive way to do this?


Asked on 10/24/05, 9:55 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Divorce if the other person lives out of state

In NM the law provides that a missing spouse may be served by publication, that is, a newspaper legal ad advising that there is a divorce case pending and giving details. The law must be followed exactly for such service to be valid. This requires a court proceeding, as do all divorces, and the attendant costs. Fees vary greatly among divorce lawyers.

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Answered on 10/24/05, 11:25 pm


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