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
1 Answer from Attorneys
Re: I'm in Default of divorce papers but I filed first and had an attorney
You have asked an excellent question and there is a positive answer available for you. However, I will only be able to give you an outline of the answer in this forum; you need to go back to your attorney with this answer and have him/her give you a more full legal explanation of what I am saying here. Also, you can go to the Child Support Enforcement Agency in your town and ask them to start a UIFSA action to get your child support for you.
I am surprised that your attorney did not explain more to you about this process - i.e., a divorce crossing state lines. However, I can also believe that your attorney told you more than you put in your note. You did not say what state you were living in before you went to Mo. If it was NM then that will definately affect this response.
Be that as it may, I belive you can bring a Uniform Paternity Action in your state and get an emergency court order based on the prior divorce case you filed which will place the custody of the children with you. Second, if NM does not have jurisdiction over you or the children then it cannot make a custody order over the children and it cannot make a child support award against you. The court in NM can award a divorce to husband but if it does not have personal jurisdiction over you then that court is pretty limited.
See my other answers in this legal bulletin board and you will see my suggestions about how to obtain a lawyer in NM. Also, as I said above, you can get the child support established pretty quickly (in government terms - that can mean 6 months or so) by just going to your local child support enforcement agency and filling out the form. Do that first thing Monday morning.
Good luck
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