Divorce can become even more stressful if your spouse refuses to accept divorce papers. Whether it’s an attempt to delay the process, avoid responsibility, or simply out of denial, refusal to be served doesn’t mean your case is over. In New Mexico, there are legal steps you can take to keep your divorce moving forward, even if your spouse refuses to cooperate.
Do You Have to Serve Divorce Papers in New Mexico?
When you file for divorce in New Mexico, one of the first steps is serving your spouse with divorce papers. This means providing legal notice of the divorce proceedings, which gives your spouse an opportunity to respond.
The state requires proper service to ensure due process. You can’t finalize a divorce unless the other party has been officially notified, even if they choose not to respond.
First Step in Serving Divorce Papers: Personal Service
Divorce papers are typically served through personal service. While this can be handled by a sheriff or a professional process server, New Mexico law allows any adult over the age of 18 who is not a party to the case to serve the papers. The server must physically deliver the documents directly to your spouse or to someone who is legally authorized to accept them on their behalf.
If your spouse refuses to accept the divorce papers from the server, that does not mean service is invalid. Under New Mexico law, service is still valid if the papers are handed to your spouse directly—or, if they refuse to accept them, by leaving the documents at the location where they were found.
What Happens If Personal Service Fails?
If your spouse avoids being personally served, you still have options. In New Mexico, the court allows other methods of serving divorce papers if you’ve made a genuine effort to serve them in person and it hasn’t worked.
These methods include:
- Service by Mail – You may be able to send the divorce papers via certified mail, return receipt requested. If your spouse signs for them, that counts as valid service.
- Service by Publication – If your spouse has disappeared or cannot be located despite your best efforts, the court may allow you to publish a notice in a local newspaper for a set period.
- Substitute Service – In certain situations, the court may allow you to serve divorce papers on someone else who lives at your spouse’s residence or who is likely to give them the papers.
It’s important to note that you must get court approval before using any of these alternative service methods.
Filing a Motion for Alternative Service
To use an alternative method of service, you must file a Motion for Alternative Service with the court. This motion must show:
- You have made diligent efforts to serve the other party.
- Those efforts were unsuccessful.
- The alternative method is reasonably likely to give the other party notice.
You’ll need to provide documentation of your attempts, such as affidavits from the process server or records of certified mail attempts. Once approved by the New Mexico court, you can proceed with an alternative service.
Can a Divorce Still Proceed If My Spouse Refuses to Respond?
Yes. Once your spouse is properly served, even if they refuse to respond, you can still move forward. If they fail to file a response within 30 days, you may request a default judgment.
A default divorce means the court may grant the terms of your petition without the other party’s input. However, this doesn’t mean the court will automatically approve everything you ask for. You will still need to request a hearing, and you may need to present evidence that shows your requests for things like property division, child custody, and support are reasonable, fair, and in line with New Mexico law.
Partner with a New Mexico Divorce Attorney
Dealing with a spouse who refuses to accept divorce papers can be frustrating, but you are not without options. At New Mexico Legal Group, we’ve helped many clients successfully navigate difficult and uncooperative divorce situations. Our experienced divorce and family attorneys will guide you through every step from proper service to filing motions that keep your case on track.
Contact New Mexico Legal Group today to schedule your consultation and take control of your future.