Introduction
Divorce can be a very complicated process and it can become even more complicated when one spouse is out of state. Divorces can be filed in the state where either spouse resides and every state has different laws regarding the divorce process. In this article, we will discuss whether a person can get a divorce in New Mexico if their spouse is out of state.
Jurisdiction and Residency Requirements
One of the most important things to consider before filing for a divorce is ensuring that the court has jurisdiction over your case. Each state has different laws regarding what qualifies as "residency," which is a requirement for filing for divorce.
In New Mexico, one of the spouses must have been a resident of the state for at least six months immediately preceding the filing of the divorce petition. This means that as long as one spouse meets the residency requirement, they can file for divorce in New Mexico even if the other spouse is out of state.
Service of Process
Once the divorce petition is filed, the next step is to serve the other spouse with a copy of the petition. This is a legal requirement and ensures the other spouse has the opportunity to respond to the petition.
If the other spouse is out of state, serving them can become more complicated. In New Mexico, there are several ways to serve someone, including personal service, certified mail, or publication. Depending on how the other spouse can be located, one of these methods may be used to serve them with the divorce papers.
Uncontested vs. Contested Divorce
Whether a divorce is contested or uncontested can also impact the difficulty of obtaining a divorce when one spouse is out of state. An uncontested divorce means that both parties agree to the divorce so long as certain conditions are met.
Ultimately, it is easier to obtain an uncontested divorce when one spouse is out of state as there is less need for communication and they can simply sign and return the appropriate documents. However, if a divorce is contested, it can become much more complicated if one party is located out of state and communication becomes difficult.
Conclusion
Obtaining a divorce in New Mexico when one spouse is out of state can be complicated, but it is possible. Ensuring that the court has jurisdiction over the case and properly serving the other spouse is crucial to the process. Additionally, it can be helpful to work with an experienced divorce attorney who can guide you through the legal process and assist with any potential challenges that may arise.