Serving Divorce Papers and Default Divorce Judgments in Albuquerque, New Mexico

 

SERVING DIVORCE PAPERS THROUGH FACEBOOK

ABC News released a report yesterday that a judge in New York is allowing a woman to serve her husband with divorce papers through Facebook – for the first time in New York history. According to the report, the woman requesting the divorce has been unable to locate her husband for several months, and the only current information that she has about her husband is his Facebook account information and phone number. The woman’s attorney told the presiding judge that the husband has no fixed address, no place of employment, and has refused to make himself available to be served with the divorce papers, making it virtually impossible to properly serve the husband with divorce papers.

 

 

Based on these unique facts, the judge ultimately ruled that the woman can serve her husband with the necessary divorce papers through Facebook, on the condition that the divorce papers are sent for three consecutive weeks.

In Albuquerque, New Mexico, the Defendant in a lawsuit (i.e the Respondent in a Divorce) has a constitutional right to be served with the necessary divorce papers (i.e. Petition for Dissolution of Marriage, Summons and Temporary Domestic Order) in a way that is reasonably calculated under all of the circumstances to inform the Respondent of the existence of the requested divorce, providing the Respondent with a reasonable opportunity to respond.

HOW TO SERVE DIVORCE PAPERS IN ALBUQUERQUE, NEW MEXICO

New Mexico Rule 1-004 deals with Service of Process. Ultimately, Albuquerque, New Mexico courts lack jurisdiction (power) to rule on a divorce unless the Respondent has been properly served with the requisite divorce papers.

In contested divorces there are several methods that Albuquerque, New Mexico courts allow to properly notify the Respondent about a pending divorce.

PHYSICALLY SERVING DIVORCE PAPERS 

The most common method is one that is usually shown in television and movies for dramatic effect. This takes place when a process server or sheriff personally hands the Respondent the necessary divorce papers and then says something cliche like “you’ve been served!” This method also takes place in reality, with the additional requirement that the Petitioner must file an Affidavit of Service with the court documenting that the opposing party was properly served by personal service. Additionally, according to New Mexico rules, the divorce papers cannot be served by the Petitioner or their attorney.

SERVING DIVORCE PAPERS BY MAIL 

The second option is to serve the divorce papers by mail or commercial courier, provided that the Respondent signs a receipt for the envelope or package containing the Petition, Summons and TDO.

Service can also be accomplished when the Respondent receives the divorce papers by any method, and then signs an Acceptance of Service acknowledging receipt of the necessary paperwork.

SERVING DIVORCE PUBLICATION THROUGH NEWS PAPER OR PERIODICAL 

The last method of providing service that is commonly used is similar to the NY case reported by ABC News. This method comes into play when the Petitioner is unable to serve the Respondent with the necessary divorce papers because the Respondent is either purposely avoiding service by one of the methods described above, or because their whereabouts are unknown. In these situations, the court often grants permission to publish notice of the divorce through a publication such as the local newspaper.

SERVING DIVORCE PAPERS THROUGH NEWSPAPER IN NEW MEXICO

In Albuquerque, the court typically requires the Petitioner to publish notice by publication through the Albuquerque Journal. Similar to the judge’s ruling in New York – which required notice to be sent through Facebook for three consecutive weeks – notice by publication in the Albuquerque, New Mexico Journal must also be attempted on three consecutive weeks. The Petitioner then files an Affidavit of Publication when the three week requirement is complete.

Once the court is provided with proof that the Respondent was served with the divorce papers by one of the methods described above, the Petitioner can then request a default judgement if the Respondent fails to file a Response to the Petition within 30 days. A default judgment is a court order that grants the Petitioner all of the specific relief that has been requested in the Petition for Dissolution of Marriage.

CAN YOU SERVE DIVORCE PAPERS BY EMAIL IN NEW MEXICO? 

Possibly.  The court can grant you permission to serve the divorce papers by an alternative means such as email or in a manner reasonably calculated under the circumstances to notify the other party of the divorce.  The court can grant a request to serve through an alternative means If you file the appropriate motion,  demonstrate your attempts to personally serve  the divorce documents, and can explain the need to serve through an alternative means such as email.

WHAT IS A DEFAULT DIVORCE JUDGMENT IN NEW MEXICO

A default divorce judgment is an order that is granted to one party, based on the other party’s failure to take appropriate action.  Default divorce judgments can be granted in New Mexico when the opposing party fails to file the necessary responsive pleading, or fails to appear in court.

New Mexico courts generally frown on default judgments, opting instead to decide the terms of each divorce after hearing the merits of the case. Nevertheless, the court can grant a default divorce if all of the requirements described above have been met. In these situations the Petitioner can request the default judgement by filing the following documents: (1) Motion for Default Judgement, (2) Request for Hearing, (3) Affidavit of Non-Military Service, (4) Certificate as to the state of record and non-appearance, (5) Application for Default Judgment, (6) Default Decree requesting specific relief.

Because New Mexico Courts frown on default judgments, the court is likely to set aside the specific terms of the default judgment (such as distribution of community property, debt, child custody, Parents time-sharing, etc.) when all of the requirements above have been met, but the non-responding party later comes forward with a legitimate reason for their non-responsiveness.

(505) SANCHEZ WILL ANSWER YOUR QUESTIONS ABOUT SERVING DIVORCE PAPERS AND DEFAULT DIVORCE JUDGMENTS IN ALBUQUERQUE, NEW MEXICO

Do you still have questions serving divorce papers and default divorce judgments in Albuquerque, New Mexico?  Complex divorce cases often require the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to explain serving divorce papers and default judgments in Albuquerque, New Mexico.  Sanchez can be reached by calling (505) SANCHEZ.