Legal Question in Family Law in New Mexico

Re: We both filed in different states

You can file here and the court will have subject matter jurisdiction for the divorce. She can file in IL and the IL court will have subject matter jurisdiction for the divorce. The courts can work it out, but for the reasons below the NM court may defer to the IL court. Doing it in IL may be much cheaper for you than fighting a losing battle to do it here.

If the children have never lived here the court in Illinois will probably have jurisdiction for their custody and support arrangements. Also, any property in Illinois will probably not be subject to the jurisdiction of the NM court. IL does not have community property laws but NM does, and the division of property will be subject to the law of the state where it it sits even if NM courts do the division.

This stuff can be really tricky and I strongly suggest you get an attorney with this kind of experience.