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?