Results 1 to 5 of 5
  1. #1
    Join Date
    Apr 2015
    Location
    Albuquerque, New Mexico, United States
    Posts
    3

    Default 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?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Division of Assets in a Divorce With an Absent Spouse

    Before we go further, what crime/s are we talking about here?

  3. #3
    Join Date
    Apr 2015
    Location
    Albuquerque, New Mexico, United States
    Posts
    3

    Default 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?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  5. #5
    Join Date
    Apr 2015
    Location
    Albuquerque, New Mexico, United States
    Posts
    3

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Division of Assets: Division of Assets Held by One Spouse in Another Country
    By greattiming in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 04-27-2013, 08:54 AM
  2. Division of Assets: Division of Assets in Divorce With an Underwater House
    By kstone1 in forum Divorce, Annulment and Separation
    Replies: 2
    Last Post: 03-02-2013, 09:30 PM
  3. Division of Assets: Division of Assets in a Military Member's Divorce
    By oneofakind88 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 10-30-2012, 02:57 PM
  4. Divorce: Division of Property and Assets in Divorce
    By ph_dudley in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 10-08-2011, 08:08 AM
  5. Property Division: Division of Assets With Premarital Property, Disabled Spouse
    By Warrene in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 04-04-2011, 01:30 AM
 
 
Sponsored Links

Legal Help, Information and Resources