Legal Question in Family Law in New Mexico

How do I file to divorce a partner, in New Mexico, when there an illegal immigrant that is not in the us, also have no information regarding the partner whereabouts?


Asked on 2/24/15, 9:38 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

You file a motion with the court asking to do a notice by publication. District Court Rule 1-004 (J) and (K). Attach an affidavit stating why you can't serve the person. The judge can approve publication in a place best designed to reach the person based on your best knowledge of where he might be. I don't know how they deal with this if he's out of the country. Could be the judge will let you publish in the city in this country where he last lived. You have to file it and see. While you're looking at the district court rules go to Rule 4-209 - it is a form for a motion for service by publication. The other divorce forms can be found at https://nmsupremecourt.nmcourts.gov/legal-forms/vdist_dom_rel_list_code.php. Good luck.

You can find the district court rules on-line - they're usually included with the statutes.

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Answered on 3/05/15, 10:02 pm


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