Legal Question in Family Law in New Mexico

I am living in a separate town from my wife and kids after she took an out of town job, but I signed the lease at the mobile home park she is living in. i asked her for a divorce in April, and this week she went to the mobile home park office and had me removed form the lease without my permission. Can she legally have me removed from the lease, when we are still married and not even legally separated? She is refusing to give me a divorce, so how can she legally do this?


Asked on 7/16/10, 10:15 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

NM is a no-fault divorce state. There is no such thing as one spouse refusing to grant a divorce to the other. The courts do that, not the spouses. If one spouse wants a divorce, it will be granted regardless of what the other spouse wants. As for the lease, you are better off not being on it, and she can have you removed if it is a month-to-month, or at the end of the term of the lease.

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Answered on 7/21/10, 4:46 pm


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