I live in New Mexico and I have been separated for 1 year 6 months and an ready to file for divorce. My ex insists he's coming for his stuff that he and his family have given us while together. Can he do that? Also he TEXTS and leaves me threats all the time. I'm at my wit end with him. Please help. Thank you for your time and attention.
1 Answer from Attorneys
Take the threatening texts to the police. Now.
You can get a restraining order, the police will help you with that, or go to the local district court (700 N. Main, Clovis, 575 762-9148).
The status of your stuff is sort of murky until you actually file for divorce. But he cannot just barge into your house without your permission and take stuff, even if it's his. The police and a restraining order will protect you from that. If you want to let him take some things you can make arrangements with him and have someone you trust be there to keep order. If he shows up at your door unannounced don't let him in and call the police.
In New Mexico you must have been a resident in the judicial district for 6 months to file in a New Mexico court. I suggest you file ASAP and ask the court for a Temporary Domestic Order (TDO) to sort out the details of who gets what while the divorce is pending. The TDO also sets parameters for income sharing and creates the equivalent of a restraining order.
I suggest you contact a local attorney for assistance. You can do these things yourself but an attorney makes it a lot easier.
For self-help, go to https://www.nmcourts.gov/Self-Help/self-help-guide.aspx .
My number is 505 280-3110, if you need some quick advice. But I can't represent you.