Divorce in New Mexico – Why and How

“In New Mexico, divorce petitions must be filed in state district court (40-4-3 of New Mexico Statutes Annotated). One of the parties must have resided in New Mexico for at least 6 months before filing for divorce and maintain a domicile in New Mexico (40-4-5 of the New Mexico Statutes Annotated),” the lawhelpsnewmexico.org website says.

On the other hand, the reasons for divorce in New Mexico may be due to different reasons, which we will mention below.


What are the Divorce Reasons in New Mexico?

According to the womenslaw.org website says, in New Mexico, divorce can be granted for four reasons. The most common is incompatibility.

1.- In New Mexico, the law says that a couple can get divorced if it is incompatible. This means that it is not a requirement that one of the spouses is at fault or has done wrong for the couple to be able to divorce.

It is sometimes called a “no-fault divorce” or “divorce by mutual consent”.

2.- Cruel or inhuman treatment. This refers to any treatment that can rationally destroy the peace and happiness of the affected spouse, endanger the spouse’s health or go against the legitimate goals of the marriage. An example would be domestic violence.

3.- Adultery.

4.- Abandonment. It is also called “desertion”. It consists of the voluntary separation of a spouse without the consent of the other, without justification, and without intention to return.


What are the Basic Steps for Filing for Divorce in New Mexico?

1. You must be a New Mexico resident and have the appropriate supporting documents.

2. You need to have a valid reason to do so.

3. Hire a lawyer and then you will need to fill out the divorce application and send it to your husband or wife (you must have the original copy) where he or she will be informed about the dissolution of the marriage.

4. Your husband or wife, upon receiving the divorce petition, may not agree with what is mentioned in the document and therefore, he or she can draft their document. The spouse may or may not agree with the reason for the divorce and if both are, they must inform the judge. If they can not agree, both must go to court to resolve it. Consult with a lawyer to find out how long you should wait for the spouse to sign the papers.

5. If the marriage has properties in common, if one of the spouses has no economic income, etc., they must detail it in the divorce petition and court, although the spouses can also reach an agreement outside the court. This also applies if the couple has children, to resolve the custody.

The reasons for a divorce can be due to different causes. To be able to file the divorce petition in New Mexico, you will have to meet certain requirements and fill out some forms. It should be noted that this post is only informative and it is not legal advice. You should consult with a lawyer before proceeding with the petition