Where is Nancy?

 

You want to file for divorce and you have decided that because you and your spouse do not have any property or debts together you should be able to get a quick uncontested divorce. As you know, an uncontested divorce means both you and your spouse agree on all aspects of the division of property and debts, so of course you are thinking it is an uncontested divorce.  You have one problem: you have not seen your spouse, I am naming Nancy, in weeks, months or years and you want to file for divorce. Now you are thinking you are trapped and you will not get that divorce you need to move on with your life.

 

Can you obtain a divorce?  Yes. Can it be easy to get a divorce?  Absolutely. Will it be fast, well it depends on many factors?  One of those factors, of course, begins with deciding to file. By filing for the divorce it automatically becomes a contested divorce because Nancy does not know you are filing for divorce.  The second factor is once you file, you have to let the other party know you have filed a contested divorce or you will never get your divorce you need from Nancy. You may ask, I do not know where Nancy is and I will never get a divorce from her!  Let’s explore how you can find Nancy to let her know you are filing for divorce.

 
  1. You may be able to find Nancy by contacting her friends, present and ex co-workers/employers, or relatives.  If you can find her associates it is likely you can find Nancy.

  2. Social media.  Facebook and Instagram are wonderful tools to help track down Nancy.  There are many other social media sites you can search for Nancy and they are free!

  3. Hire a private investigator. This is probably the most expensive option.  Most private investigators can help you find Nancy or at least get you closer to finding where she is located.

 

Once you locate Nancy, you must serve her divorce papers.  You should review the New Mexico Rules of Civil Procedure on how to get her served, but she must be personally served, which includes personal service by someone not a party to the case or by motion to the court publish in a newspaper of general circulation in the community in which Nancy resides.  Once Nancy is properly served you may proceed with finalizing and obtaining the divorce you need.

 

If you need a divorce and you cannot find Nancy, do not let that be an obstacle to getting the divorce that you want.  If you need more information on how to obtain an uncontested or contested divorce in Albuquerque, Rio Rancho, Los Lunas or throughout New Mexico, contact Genus Law Group at 1-800-DIVORCE, or book an appointment to speak with one of our attorneys at calendy.com/genuslaw.



 
Anthony Spratley
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Experienced Divorce, Child Custody, Domestic Violence and Estate Planning Lawyer Serving ABQ and Beyond
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