Legal Question in Family Law in New Mexico

I'm in Default of divorce papers but I filed first and had an attorney

After 10 years of marriage and 3 children under 5, my husband kicked me out. I did not know anyone there nor have a place to go I moved back to my home town in Missouri, with our 3 children. I lived in Hannibal, Missouri for 8 months now. I filed in Nov with an attorney. My husband never got served as he knew I had filed, so he moved. I have NO idea where he lives. I was served with papers as he then filed. I filed first. We were to answer questions and turn them in by a due date. My attorney called and called his attorney but to no avail. The next thing I knew I was in default for not responding. My attorney told me I now have to get an attorney in New Mexico to get the default taken care of. My husband still has not been served with papers. I don't have any more money to get another attorney,I spent what little money I had on the attorney in Missouri. Now I don't know what to do. Do you have ANY suggestions at all? Can I write the judge and explain this to him and ask if he could postpone the court date until I can get an attorney, without getting into trouble? Or is this even allowed? Please help I don't want to lose my kids. I honestly do not know what to do here or what my legal rights are.

Thank you


Asked on 2/21/04, 8:34 pm

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

Re: I'm in Default of divorce papers but I filed first and had an attorney

As I was reviewing my answer to you in the other posting I did not make it clear that you need to do what your lawyer told you - you need to go to court in NM to get this cleared up. What I am thinking is that you need to enter a limited appearance and contest NM jurisdiction. All of this turns on the question of what state you were living in before you went to MO. and how much time it was after you left the state you were living in before you went to MO.

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Answered on 2/21/04, 11:48 pm


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