What is the name of your state? New Mexico
My sister was recently granted a "Default Divorce" (her ex-husband never responded to any divorce papers, and the Judge signed the decree). She did the divorce paperwork herself since she is financially stretched to meet basic living expenses.
The Default Divorce Decree grants her the house (and mortgage), and orders her ex-husband to sign the property over to her via a Warranty Deed:
Questions:
1. Her ex-husband is refusing the sign the Warranty Deed. So I believe she has to go back to the judge with a "Motion for Order to Show Cause". I have a "Motion for Order to Show Cause" form that she can fill out asking the court for help, but I'm not sure what to write, and would appreciate some advice:
2. Is the above enough to get the court to grant my sister sole ownership of the property? Or are other documents and legal proceedings needed, and if so, what are they?
3. Should she retain an attorney to help her through this? If so, how much should she expect to pay an attorney in New Mexico?
4. Does she need to have him formally "served" with the Warranty Deed? She has sent it via Certified Mail and also just "Delivery Confirmation".
I greatly appreciate any advice.
Regards,
J
My sister was recently granted a "Default Divorce" (her ex-husband never responded to any divorce papers, and the Judge signed the decree). She did the divorce paperwork herself since she is financially stretched to meet basic living expenses.
The Default Divorce Decree grants her the house (and mortgage), and orders her ex-husband to sign the property over to her via a Warranty Deed:
WARRANTY DEED
Respondent is ordered to sign the Warranty Deed for the property located at <snip> and return said document to the Petitioner. The terms of the Warranty Deed are incorporated here by reference.
Questions:
1. Her ex-husband is refusing the sign the Warranty Deed. So I believe she has to go back to the judge with a "Motion for Order to Show Cause". I have a "Motion for Order to Show Cause" form that she can fill out asking the court for help, but I'm not sure what to write, and would appreciate some advice:
I am the Petitioner in this case and I request the court to issue an Order to Show Cause for these reasons: the court has ordered the Respondent to sign the Warranty Deed incorporated as part of the Default Divorce decree. The Respondent has refused to sign the Warranty Deed. Petitioner asks the court to find Respondent in contempt and enter a default judgment granting her sole ownership of the property described in the Warranty Deed.
2. Is the above enough to get the court to grant my sister sole ownership of the property? Or are other documents and legal proceedings needed, and if so, what are they?
3. Should she retain an attorney to help her through this? If so, how much should she expect to pay an attorney in New Mexico?
4. Does she need to have him formally "served" with the Warranty Deed? She has sent it via Certified Mail and also just "Delivery Confirmation".
I greatly appreciate any advice.
Regards,
J
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