Legal Question in Family Law in New Mexico

Re: I iniciated my divorce in Canada, my husband in NM has been served...

I would love to do the legal research on this question! While your present condition sounds like a devastating position to be in the question and issue are at least as complicated. By common sense rights, your assessment is reasonably correct but legally wrong. If someone sues you don't just ignore it. If you do not file an answer and he takes a default against you then you'll spend forever and a day (and a bunch of money) fighting everything to get it all fixed correctly. There is nothing wrong with filing an answer. In fact, it may be the only correct way to deal with this but, - ask your lawyer about the details of this part - do one of two things (maybe more - I'm just giving a quick answer here): (1) file an answer and counter claim the prior action in Canadan (including "certified true original copies" of your Canadian pleadings and the return of service; or (2) file a limited appearance with a answer (like #1 above) but put the magic language in showing that you only contest jurisdiction by the NM court. Be prepared that a NM court may tell you that they agree that the Canadian court may divorce you but only the NM court can divide the property.

What the husband's lawyer may be thinking here by suing for divorce in NM is that Canada has no jurisdiction over the husband. As you pointed out, you came down here, you married here and if you have property that needs to be divided it's all in N.M.. It's possible the husband's never been to Canada except with you and if that's true they may have a point. Also, the Canadian court itself may tell you that it cannot divide any property. So, those are some issues to speak with your attorney about.

Now, what I have said above is - on one level, a lot of legal lingo - on another level, you really need a lawyer to do the fine drafting part of what I said above. These are pretty sophisticated issues and what any lawyer tells you in a couple of sentences can take some thoughtful interviewing with you and some thoughtful drafting of legal pleadings. So, don't think this a one, two and it's done type of thing. Crossing boundaries in the U.S. is complicated - crossing international boundaries (with lawyers and legal issues in tow) is REAL complicated.

If you don't know of any lawyers in NM to speak with (I believe you may need one already) you can go to http://www.nmbar.org (I believe that's the N.M. Bar Association's web site) and they have a lawyer referral service; or you could contact the chairwoman of the Family Law Section and ask her if she can make some recommendations to you or you could ask some of the friends you had down here about someone who might be able to help you.

I hope this answer has been helpful.

Good luck.