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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114803
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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In New Mexico,if a spouse refuses to get divorced what is

Customer Question

In New Mexico,if a spouse refuses to get divorced what is the next step?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, your spouse does not have a choice legally about the divorce itself. The law does not force people to remain married to each other if they do not want to remain married. So, if she will not consent to an uncontested divorce, you would now need a local attorney and file a petition for a contested divorce and file it in court and have your spouse served a copy of the petition and summons. She then has a right to answer to try to object, but the court really will only litigate the division of your community property, child support and alimony, the court will still order the divorce or termination of the marriage itself even if she tries to object to that as long as you insist on wanting to be divorced.

Customer: replied 1 year ago.
Thank you
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

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