Filing for Divorce in New Mexico

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: