New Mexico Divorce Laws

Grounds for Divorce in New Mexico

No-Fault Grounds

New Mexico recognizes no-fault divorce based on:

• Incompatibility

Fault-Based Grounds

New Mexico also allows divorce based on fault, including:

• Adultery
• Cruel and inhuman treatment
• Abandonment

Residency Requirements

To file for divorce in New Mexico, you must meet the following residency requirements:

You must be able to prove residency at the time of filing. Proof typically includes driver's license, voter registration, utility bills, or other official documents showing your address.

Property Division

New Mexico follows the Community Property method for dividing marital property.

As a community property state, New Mexico generally divides marital assets and debts equally (50/50) between spouses. Property acquired during the marriage is considered jointly owned, regardless of whose name is on the title.

Separate property (owned before marriage, gifts, or inheritances) typically remains with the original owner.

Child Custody

New Mexico courts determine custody based on the Best interests of the child standard.

Courts consider multiple factors including:

• The child's relationship with each parent
• Each parent's ability to provide care
• The child's adjustment to home, school, and community
• Mental and physical health of all parties
• Any history of domestic violence
• The child's preferences (depending on age)

Alimony/Spousal Support

When determining alimony in New Mexico, courts typically consider:

• Age and health
• Current and future earnings
• Good faith efforts to maintain employment
• Needs and obligations
• Assets and liabilities
• Length of marriage
• Standard of living

Important Notes

Filing for Divorce in New Mexico

1. Meet Residency Requirements

   Ensure you meet New Mexico's residency requirement of 6 months.

2. Gather Documents

   Collect financial records, property documents, and information about debts, assets, and children.

3. File Petition

   File a divorce petition with the appropriate court. Filing fees are typically $150-$200.

4. Serve Your Spouse

   Your spouse must be officially served with the divorce papers according to state law.

5. Waiting Period

   New Mexico has a waiting period of 30 days.

6. Negotiate or Litigate

   Work toward a settlement agreement or proceed to court if issues cannot be resolved.

7. Final Decree

   Once all issues are resolved, the court will issue a final divorce decree.

Official Resources

For official forms and additional information, visit the New Mexico court website: