Legal Question in Family Law in New Mexico

I got married in May 2008, and on August 2008 my husband got a letter from an Arizona court that stated "Respondent must file a response to the Petition for dissolution of marriage." He never got divorced from his first wife. And I just found out that he never filed our marriage certificate with the court house. So do I need to file for a divorce from my husband and remarry him since his first divorce was not final when we got married?


Asked on 2/02/10, 11:57 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

The law in NM follows the rule that says in a succession of marriages with no divorce in between the last marriage in the series is considered valid, absent proof to he contrary. However, the facts you set forth make me take pause in saying the rule applies. For instance, you did not say, and maybe you do not know if the prior action was ever completed. You do not say if he was the petitioner or the respondent. You do not say how you were married; i.e., religious or judicial official. You do not say in what state you were married. All of these points could be quite important in providing an answer to your question. I would suggest you spend a few minutes (or an hour) with a family law attorney so that you can have the benefit of 'close scrutiny' with some interactive questions and answers. You will find the time most worthwhile.

Good Luck

Law Guru

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Answered on 2/07/10, 2:05 pm


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