Legal Question in Family Law in New Mexico

Where do I get the papers to reopen my divorce case to modify the agreement? In our divorce papers, he got the car and the car loan. But it has been over a year and he has yet to refinance the loan to get my name off and register the car in his name (the car is still registered under my name). I called the courthouse and the lady was very rude and told me to figure it out on my own. Please help me figure out what I need to do in order to get him court ordered to do these things. I want to buy a car and it looks as though I have too much financial responsibility because this loan is on my credit.


Asked on 9/14/10, 7:50 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

You list your zip code as in California. You are asking a question in the state of NM. You do not say in what state is your divorce decree? Because you are dealing across state lines you must clarify first to whomever you are asking the question in what state you and your former spouse reside and in what state you have your divorce decree. Once you have that information at hand I would offer that you consider filing an Order to Show Cause. This is not exactly the kind of document that lends itself to being a 'form' that you can simply find somewhere. Lawyers make these up and do all the writing. You have to have an application or a motion (depending on what relief you are asking of the court) for order to show cause and then supply the order. If the court finds you have alleged sufficient grounds then the court will approve your order and set a hearing date. It is then your responsibility to have the Order to Show Cause PERSONALLY served on the other party.

I would suggest you go to court 'self help center' or go and see a lawyer to help you out in this matter.

Good Luck

Law Guru

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Answered on 11/15/10, 9:29 pm


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