New Mexico Divorce Laws
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The following is a summary of New Mexico divorce laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full New Mexico Statutes and/or consult with an attorney about how the law might apply to your particular situation.

Grounds for Divorce.
A divorce can be granted in New Mexico for any of the following grounds:

A. Incompatibility;

B. Cruel and inhuman treatment;

C. Adultery; or

D. Abandonment.

-From 40-4-1 of the New Mexico Statutes.

 

Where to File Divorce.
You can file divorce in the county where either party resides.

-From 40-4-4 of the New Mexico Statutes.

 

Residency Laws.
A divorce can be granted in New Mexico when, at the time of filing the divorce petition, either party has resided in New Mexico for at least 6 months immediately preceding the date of filing the divorce petition and has a domicile in New Mexico. "Domicile" means that the person to whom it applies:

A. Is physically present in New Mexico and has a place of residence in this state;

B. Has a present intention in good faith to reside in New Mexico permanently or indefinitely;

C. Has been continuously stationed in any military base or installation in New Mexico, if serving in a military branch of the United States government, for at least 6 months; and

D. Had resided continuously in New Mexico for at least six months immediately prior to his, or his spouse's, military deployment outside of New Mexico, but who has a present intention in good faith to return and to reside in New Mexico permanently or indefinitely.

-From 40-4-5 of the New Mexico Statutes.

 

Learn more about the general divorce procedure.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Other pages on New Mexico divorce laws:
General New Mexico Divorce Laws
Alimony Divorce Laws in New Mexico
New Mexico Child Custody Laws
New Mexico Child Support Laws
New Mexico Laws on Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the New Mexico statutes. You can find the full-text version of these and other New Mexico divorce statutes online here: New Mexico Divorce Laws.