AI Generated Opinion Summaries

Decision Information

Decision Content

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

  • The case involves a dispute between a husband and wife regarding the jurisdiction of the district court to enter a divorce decree in 2018. The husband testified that he had been a resident of Chaves County for the six months prior to filing the petition, which was a key factor in establishing the court's jurisdiction.

Procedural History

  • [Not applicable or not found]

Parties' Submissions

  • Petitioner-Appellee (Husband): Argued that he had been a resident of Chaves County for the six months prior to the petition being filed, establishing the district court's jurisdiction to enter the divorce decree.
  • Respondent-Appellant (Wife): Contended that the district court erred by entering the divorce decree because it lacked jurisdiction, arguing that the court failed to establish that either party was a resident of New Mexico.

Legal Issues

  • Whether the district court had jurisdiction to enter the divorce decree based on the husband's residency in Chaves County for the six months prior to filing the petition.

Disposition

  • The appeal from the district court’s order denying the wife's motion to reverse or set aside the divorce decree was affirmed.

Reasons

  • Per Ives, J., concurred by Henderson, J., and Yohalem, J.:
    The court affirmed the district court's decision, finding the husband's testimony regarding his residency credible and thus establishing the court's jurisdiction to enter the divorce decree. The wife's memorandum in opposition did not sufficiently address the court's proposed disposition or persuade the court that an error had occurred. The court's decision was based on deference to the district court's assessment of credibility and jurisdiction (paras 1-4).
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