divorce360.com provides help, advice and community for people
contemplating, going through or recovering from divorce and the issues around it,
including separation, divorce laws, spousal support and emotional issues.

filing  :: filing-by-state
Print
Email

Filing for Divorce in New Mexico


Filing for Divorce in New Mexico


Getting a Divorce in New Mexico? Divorce Law Cheat Sheet for the State of New Mexico


By DIVORCE360.COM STAFF

1. What are the residency requirements for filing for divorce in New Mexico?  
You or your spouse must have lived in New Mexico for at least six months before filing and have a domicile there, which means you are physically present in the state, have a home there and intend to live there indefinitely. You must file in the county in which you or your spouse lives.  

If you are a member of the military and have been stationed in New Mexico for at least six months, you may file for divorce there. And if you are a member of the military and lived in New Mexico for at least six months before being stationed elsewhere, you also may file for divorce in New Mexico — as long as you plan to return and live there after your service.  


2. Does New Mexico have a waiting period?       
No, there is no specified waiting period for a divorce in New Mexico.  

3. Does the state have grounds for divorce?  
You may file for a divorce in New Mexico on any of the following grounds:

  • Incompatibility — conflict between you and your spouse has destroyed any reasonable hope of reconciliation.   
  • Cruel and inhuman treatment.   
  • Adultery — your spouse had an affair.   
  • Abandonment — your spouse has left with no intention of returning.  
4. How does New Mexico determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can’t agree, the court will divide your property for you. New Mexico is a community property state, which means that all property that you and your spouse acquired during your marriage will be divided equally by the court.  

Your separate property remains your own. This includes:

  • Property that you acquired before you were married.
  • Property that has been designated as separate property by a judgment or decree.
  • Property that you acquired by gift or inheritance.
  • Property designated as separate property in a written agreement between you and your spouse.  


That being said, the court may award alimony out of your separate property, if alimony is requested and approved.  

5. Does New Mexico require mediation before a divorce is granted?  
Mediation is not a requirement in all cases, though the court may order it in your case if you and your spouse disagree over the custody of your child.  

6. How does the state determine child custody?  
Legal custody and physical custody are two different things. Legal custody outlines how involved each parent is in the major decisions of a child’s life—where a child goes to school, what faith he or she is raised in and other biggies.  

Physical custody addresses where a child will live and with whom. Visitation is then negotiated based your physical custody arrangement. The court presumes that joint custody is in the best interest of your child. But to be sure, the court will consider these factors: 


Page: 1 2 Last


divorce New this week::

Was Your 1st Marriage Just Practice? - Use What You Learned From Past Relationships

 

Is Divorce In Your DNA? - Study Shows Some Men May Have Divorce Potential In Their Genes

 

Live Here And Stay Happily Married? - Maybe Your Town Is To Blame?

 

divorce Community::
popular blogs
Ten-Dollar Words to Donuts
Words. They come in handy sometimes. Other times, theydangle from...read more 

Dancing Circles
“Are we dancing around something here?” She asks. I dunno. “You’veseen...read more 

R.I.P. Sequoia
my heart is broken....had to put my greatdane down yesterday...she was 11 i...read more 

get/give answers
Dirty Word?
Ex.  When you see your ex, does your blood still boil, and bile drip from your...Read Answers/share yours 

go ahead, spill your ex's secret here
you know your ex (stbx) shared some intimate, deep, dark secret with you (at...Read Answers/share yours 

%uck!
what's your favorite swear word?   do you use swear words only when mad or...Read Answers/share yours 

expert Q&As
Faith Therapy : Does a Separation Work?
My Husband and I Are Having Trouble. Is It a Good Idea for Us to Separate?...read more 

Stress Relief: Tips to Help after Separation
Mental Health: Overwhelmed by Changes in Household Routine. What Should I do?...read more 

About Law: Do Divorce Kits Work?
Legal: What You Should Consider When You Think About Divorcing Using a Kit...read more 


expand information center
divorce360.com's ecards
ADVERTISING PARTNERS


divorce focused content ::
divorce most popular ::
1. Eager To Check Those Texts?
Think your Spouse is Cheating? Professionals Can Check Text Messages

2. When Is a Marriage Worth Saving?
10 Things to Think About When Considering Whether to Stick with a Relationship

3. Are You Reading Your Spouses Text Messages?
Stop! It May Be Illegal & May Hurt Your Case

4. They Won't Leave? Now What?
What to Do When You Want a Divorce and Your Spouse Won't Leave

5. Is Your Marriage without Hope?
Saving Marriage: Five Signs that You've Lost Hope and Are Headed for a Divorce