Legal Question in Family Law in New Mexico

Ok igot divorced in new mexico and got remarried in texas before 30 days of the final divorce and shouldn't have stupi d and want out of that marriage haven't live with the second wife in 5-6 yrs and dont know how to even get in touch with her


Asked on 1/23/10, 3:42 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

At this time a New Mexico divorce is effective when signed by the judge and filed with the court, I know of no thirty day provision. Maybe there is one in Texas but it would not affect a New Mexico divorce unless there is some Texas requirement that you have to wait thirty days before remarrying. If such a requirement exists you should discuss it with a Texas lawyer.

If you've lived in New Mexico more than six months you can get divorced here, assuming your Texas marriage is valid. You have to serve her the petition, either by finding her and getting a sheriff or process server to deliver the petition and other papers, or if you can't find her you have to convince the judge, after you've filed, to let you serve her by notice by publiication. That means a notice published in a newspaper of general circulation in the last place you know she lived or where she is most likely to be.

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Answered on 1/28/10, 4:06 pm


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