You are standing at the starting line of your divorce. You’ve taken the first step and filed the divorce paperwork. The next step on the path towards divorce is to serve your spouse with the divorce papers.
At this stage in the process, you’re likely wondering about How to Serve Divorce Papers During a Divorce Case in Albuquerque,New Mexico?. Serving divorce papers usually means handing your spouse a copy of the petition, temporary domestic order, and summons.
Let’s examine common questions about serving divorce papers in Albuquerque, New Mexico.
No. You cannot serve your spouse with a copy of the divorce papers. The divorce papers must be served by someone over eighteen years old that is not a party to the divorce. This means that anyone named in the divorce paperwork during a divorce case cannot serve your spouse.
The most common way to serve divorce papers is through a process server. A process server is an individual that delivers legal documents to an opposing party. This process is usually done by physically handing the opposing party a copy of the legal documents and filing a certificate of service. The cost for a process server in New Mexico usually ranges between $30 and $50.
Divorce papers, or other legal documents, can also be served by the New Mexico County Sheriff’s Department. The Sherrif’s Department is commonly used in smaller counties in New Mexico, by parties that do not have access to a private process server. At times, particularly in smaller counties, the Sherrif’s Department may charge a lower fee than a private process server.
Friend or family member that are over eighteen and not listed in the divorce papers, can serve the divorce papers.
Divorce papers can be served by anyone that is over eighteen and not a party to the case that is willing to personally hand your spouse a copy of the Petition and complete Return of Service.
Your spouse can avoid being served with the divorce papers by signing an Acceptance of Service. An Acceptance of Service is signed before a notary and lists the which divorce papers that have been received.
The cost to serve divorce papers in New Mexico depends on who you are using to serve the papers? Are you using a family or friend that is over 18 and not a party to the case? Is that family or friend willing to serve your spouse with the divorce papers for free, or are they charging you a fee?
Are you using a professional process server? If so, the fees are usually $30 to $50. The process server that I use is currently charging $38.09.
The current filing fee for divorces in Albuquerque is $149.19.
No. You do not have to agree to the terms of your divorce, just because you are served with divorce papers. You do, however, need to file a “Response” within 30 days after being served. Failing to file the appropriate Response could lead to a default divorce being granted.
What happens after the divorce papers are served depends on your unique case. Divorce cases do not move themselves forward and require motions to move the case from beginning to end. When lawyers are not involved, you and your spouse usually will communicate about reaching an agreement for the necessary Marital Settlement Agreement, Parenting Plan (when children are involved), and Final Decree.
When lawyers are involved, the lawyers will usually communicate about the discovery that is needed to complete the divorce. The lawyers will also communicate about a pre-trial order that sets deadlines to move the case forward.
When the parties cannot agree on the terms of the divorce, Albuquerque courts require the parties to complete Settlement Facilitation before a trial will be granted.
Are you unable to locate your spouse? If so, you can file a motion to serve by publication. If granted, this motion allows you to serve your spouse through a newspaper in your spouse’s last known area.
When serving by publication, the court usually requires you to publish notice through the newspaper once per week, for three consecutive weeks.
The person or agency that you contacted or hired should notify you that the divorce papers have been served. This person or agency should provide you with a completed Return of Service that is filed with the court.
Divorce papers can be served through mail in New Mexico, under Rule 1-004(E)(3). This Rule enables you to serve your spouse with the divorce papers if the postage is sent via certified mail, and your spouse “signs a receipt for the envelope or package containing the [divorce papers.]”
Attorneys usually are required to file the divorce papers electronically. Depending on the county where you are living, pro se parties (i.e. parties not represented by an attorney) may be able to mail divorce papers to the court. Contact the clerk at the district court in your county, to determine if you can mail in your divorce papers.
The time that it takes to serve your spouse with divorce papers depends on the person serving your divorce papers. The time is also impacted by your spouse avoiding being served.
Are you going through a divorce and wondering how to serve to divorce papers during a divorce case in Albuquerque, New Mexico? Matthew Legan Sanchez has handled divorce trials all across New Mexico for over a decade and has the trial experience to handle your case. Call (505) SANCHEZ for more information about how to serve divorce papers in Albuquerque, New Mexico.
How to Serve Divorce Papers in New Mexico
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