Legal Question in Family Law in New Mexico

Re: Continuance in a Divorce

You have several avenues available to you. First and foremost is the 'Service members Civil Relief Act." You can, essentially, write a letter to the court in NM where the papers have been filed and send along a copy of your orders - particularly the orders that are designating you to go to Iraq - and tell the judge you want the 'due process available to you under the Service Members Civil Relief Act" and that upon your return to CONUS you will address this matter with appropriate legal counsel.

You could also go to your JAG office and visit with a lawyer for a few minutes and see if they will give to you a few additional pointers or give to you a document you can send to the Court. You have not said anything about where your home base is at but I would raise or ask questions about jurisdiction.

The Court needs to know that you are a member of the Armed Forces and that will put the proceedings on a temporary hold until such time as you are able to return to CONUS and address this matter according to law. Your sending the letter to the judge will give the court that notice as to your military status.

The law is on your side on this one. Don't let someone try to bully you. If you are able to send a private note to my personal email I can send to you a pdf file that will give you lots more ammunition. . . so to speak.

Merry Christmas.

Law Guru