Legal Question in Family Law in New Mexico
Married in UK want divorce in New Mexico
I was married to a british man in the UK in 1999, we lived in the UK unitl 2002, when we moved back to my home state of NM. On December 30, 2002 he moved back to the UK, I haven't seen him since then and I have had very little contact with him, in fact I don't even know if he is in
the UK or the US now. I still live in New Mexico and would like to file for divorce. We have no children together, no shared property or finances. However, I have since had a child with another man (just a couple of months ago). Is this divorce possible, how will it work, what do I do? Does the UK man have any rights to a child that can proven not to be his? Thank You
1 Answer from Attorneys
Re: Married in UK want divorce in New Mexico
Yes, you can get divorced in N.M. The child is not really an issue but I would state in your divorce papers that you had a child and that the UK man is not the father of the child. You will end up having to 'publish' in order for service of process to take place. Depending on where you are in the state (i.e., which district court you file in) the judges there will either be quite familiar or less familiar with publishing for service of process but you will not come across any judge who does not know what you are trying to do. My general recommendation is go and talk to an attorney or maybe several attorneys and get some idea of fees they would charge.
It seems to me that your biggest question is whether to do this divorce on your own or whether to hire an attorney. I would not think that this would a high dollar divorce for an attorney to do for you. If you look at some of my other posts you will see my recommendations on how to find an attorney in your town or city.
Good luck.
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