New Mexico  |  Family Law

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2/21/11, 3:46 pm

Legal Question

In New Mexico, if personal service by a deputy sheriff of a Petition For Divorce fails to include a copy of the Summons and only consists of the Petition For Divorce, is the service process defective? Can a motion to dismiss the petition be filed with the court and force the Petitioner to file a new Petition and Summons and have the complete package of the summons and the petition personally served again?


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