Ask for Consent to Divorce First 

Suppose you're planning on having a divorce. Ask your spouse first before filing on your own. Asking for your spouse's opinion and consent for a divorce is the best option because you can go through "traditional divorce" regarding mediation and legal separation with a lawyer. It also helps to have your soon-to-be ex-spouse during the process of divorce if you have children. In states with community property and 50-50 split laws like New Mexico, courts favor both spouses getting equal assets and time with children. So, if you and your spouse aren't able to meditate with each other, then the process of splitting community property can become more complicated than necessary. 

You Don't Need Consent to Get a Divorce 

You don't need the consent of your spouse to get a divorce. However, If you file for a divorce, you need to let your spouse know. If you can't contact your spouse directly, try some of these strategies to get in touch.

  • Contact all known friends and acquaintances for info on your spouse's activities.

  • Social media could show hints on what your spouse is doing or where they are.

  • You could employ a private investigator to get you closer to the whereabouts of your spouse. 

When you contact your spouse, you need to present divorce papers. However, before you serve divorce papers, we recommend researching and going through the laws for divorce in New Mexico by yourself or with a lawyer ahead of time. Understanding how to serve divorce papers and New Mexico's "Rules of Civil Procedure" is key to successfully serving divorce papers to your spouse. 

Serving Divorce Papers in New Mexico

Once you find your spouse and have a petition drafted, you must file and serve. If your spouse is still resistant or uncooperative, you can hire a process server/ sheriff to serve your spouse, or they could go to a newspaper publication and have them publish the petition there.

An Attorney can Help 

Serving divorce papers with a spouse who is resistant to the idea of divorce often happens if you're in a situation where you can get into contact with your spouse and need a divorce; contact us or call us here at Genus law at (505)-317-4455. You can also reach out to us with our online representative or fill out a contact sheet about your case. Let us know about your needs; we will meet them.

Anthony Spratley
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Experienced Divorce, Child Custody, and Guardianship Lawyer Serving Albuquerque and Beyond