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Division of Assets in a Divorce With an Absent Spouse

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  • 04-27-2015, 07:33 AM
    Angela Freeman
    Division of Assets in a Divorce With an Absent Spouse
    My question involves a marriage in the state of: New Mexico

    I am posting this with my fiance, who has been separated (NOT a legal separation) for five years. His spouse does not want to be found, as she has several warrants out for her arrest. Her own family doesn't know where she is.

    He plans to serve the divorce papers via publication. The problem is, he has a rather large 401k, and as of today, they've been married for 15 years. He's close to retirement (he's 59) and is terrified of losing his life savings to her.

    Anyway, we've googled the heck out of this and can't find an answer. How are assets divided in a community property state when there is an absent spouse? Does the fact come into play that if/when she is found she will most likely be incarcerated for a good 20 years?
  • 04-27-2015, 10:22 AM
    Dogmatique
    Re: Division of Assets in a Divorce With an Absent Spouse
    Before we go further, what crime/s are we talking about here?
  • 04-29-2015, 06:52 AM
    Angela Freeman
    Re: Division of Assets in a Divorce With an Absent Spouse
    As far as we've been able to tell, her charges include forgery (around $100,000 of checks) and dealing meth and other drugs.

    - - - Updated - - -

    Can anyone help, please?
  • 04-29-2015, 10:21 AM
    Mr. Knowitall
    Re: Division of Assets in a Divorce With an Absent Spouse
    You file for divorce. You serve her, or you obtain permission for substituted service and follow the court's order. You proceed with your divorce case. You get a judgment, either with her appearing and defending or by default. The judgment is then served on her according to the court's instructions.
  • 04-29-2015, 02:47 PM
    Angela Freeman
    Re: Division of Assets in a Divorce With an Absent Spouse
    Thank you! I guess I was looking for more of a likely outcome. We're going to see an attorney on Friday, so hopefully he will be able to give us a better idea of what might happen to my fiance's 401k.
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