Legal Question in Family Law in New Mexico

There is no direct answer to your question. If you are a normal every day get up and go to work kind of guy the answer is probably yes. But, if your wife is cheating on you because you do mean and evil things to her on a constant basis then the answer might be something different. The best bet for you is to go and sit down and talk with a lawyer there in your town. I know the fella that runs the Legal Aid office and he may be one of the first people to see about your situation if you don't already have a lawyer or know a lawyer. If you do not qualify for legal aid then he can also give you several names of lawyers in your town to go and talk with about getting a divorce and custody of your son. I would suggest you do this quickly while she is out of town. You will still have to serve her but since it appears she has abandoned the family home and the children you can suggest to her that she go & find somewhere else to live since she is now taking up with another man.

Hope this helps.

Law Guru