Legal Question in Family Law in New Mexico
Military residency
I am a military member currently residing in Colorado. I--name removed--pursuing a divorce and need to know for which state I file. My home of record and state of legal residence is New Mexico. I pay NM state taxes. My husband is not military, but still claims NM residency. Neither of us have a Colorado driver's license, auto registration, or voter registration. We do have a house in Colorado and have been here for just over one year.
1 Answer from Attorneys
Re: Military residency
I don't know Colorado law but my general sense regarding a case like this is that you can get divorced whereever you want. The only real issue might be if you have property (land) in NM and your soon to be ex-spouse is contesting the CO court's ability to divide that property ~ under that circumstance you may run into a problem. Otherwise, I do not believe you will have a problem obtaining a divorce in Colorado.
I suspect you could also get divorced in NM. If you have a family attorney here in this state, your home state, call that person or send them a note in the mail. Because NM will also have jurisdiction over the both of you the court's in this state can do your divorce. So, you get a choice on this one. If you use a NM attorney you could probably get most of this done through the mail and perhaps not have to even attend a court hearing. You did not mention if you had children or property (land) in NM and that will make a big difference to where you get divorced and whether you would have to appear in court or not.
There are lots of attorneys who will give you a 1/2 hour consultation at no cost. Some attorneys will charge for the consultation but then if you hire them they'll treat it as part of the regular hourly rate so you don't get charged extra just for asking the question. It would be worth your while to make an appointment with an attorney in your town in Colorado and ask the same question that you asked here.
If you are not sure about how to find an attonrey go and look at some of my prior answers on this bulletin board and you will see some good discussion and direction about methods of finding an attorney. Also, the American Bar Association (http://www.aba.org - I believe that's their web site) has some good pointers about how to find an attorney and there are plenty of books at the library on the topic.
I hope this answer helped you.
Good Luck.