Legal Question in Family Law in New Mexico

Can the law prevent me from returning home after i left per my wifes request.There is no restraining order or legal seperation.This is happening inNM


Asked on 6/08/14, 9:11 am

2 Answers from Attorneys

Simon A. Kubiak Simon A. Kubiak, Attorney at Law, P.C.

NO, the "law" or a any State authority cannot restrict your movement without due process

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Answered on 6/09/14, 7:18 am
George Chandler Chandler Law of Los Alamos

On the other hand, if she has asked you to leave it might be wise to honor the request until you can get some legal proceedings under way. If she files for divorce in New Mexico the court will put a temporary domestic order in place that will set parameters for who gets access to the family home - and if she's been living there it will be likely her. She can very easily get a temporary restraining order to keep you away, which is a pain in the butt for you if it occurs. Returning to the home after she has asked you to leave could easily lead to a confrontation and police involvement that neither of you will like. If you need to get stuff out of the house try to make arrangements with her. You can ask a cop to accompany you to the house to monitor the situation wile you get your stuff.

Work it out, use the courts, don't confront her physically. Talk to an attorney.

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Answered on 6/12/14, 10:55 am


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