New Mexico New Mexico

Divorce Law Guide

New Mexico Divorce Overview

Residency Requirement
Living Separate & Apart
Processing Time
Filing Fee
6 months
180 days

The facts about divorce in New Mexico

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In New Mexico, a divorce can be completed on average in a minimum of 180 days, with court fees of $137.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in New Mexico for a minimum of six months.

On this page, you can learn about New Mexico's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as New Mexico alimony calculation, the property division process and more.

New Mexico Divorce Law Summary

For New Mexico, the spouse seeking the divorce must have lived in the state for a minimum of 6 months before they can file for a divorce. This also applies to members of the Armed Forces that are stationed in the state even though they may be citizens of another.

New Jersey only recognizes Incompatibility with evidence for a no fault divorce and cruel and inhuman treatment, adultery, and abandonment for a fault divorce.

Due to the limited definitions of divorce in New Mexico, it is recommended that the person or couple who is seeking divorce consult a lawyer. This will make sure the case is not dismissed due to a procedural error.

New Mexico Divorce Guide - Frequently Asked Questions

In state of New Mexico a number of factors are taken into account when ending a marriage.

1. New Mexico Grounds for Divorce FAQ

Is New Mexico a no-fault divorce state?

New Mexico allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in New Mexico may be "irreconcilable differences", or similar grounds.

Does New Mexico allow at-fault divorces?

In addition to no-fault grounds for divorce, New Mexico is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of New Mexico's at-fault divorce grounds, such as adultery, abuse, or insanity.

In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.

Does the state of New Mexico allow incompatibility as grounds for divorce?

Yes, New Mexico does allow incompatibility to be used as grounds for having a divorce.

Can you get a divorce in New Mexico for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

New Mexico does not allow a divorce to be granted solely on the grounds of living seperate and apart from your spouse. You must instead file for divorce under one of New Mexico's accepted grounds for divorce.

2. New Mexico Divorce Process FAQ

Does state of New Mexico allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

New Mexico does not grant judicial separation orders to married couples who wishes to live separately, so a divorce petition should be pursued instead.

What's the difference between a divorce and an annulment in New Mexico?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

How long do I have to live in in the state of New Mexico to get a divorce?

The state of New Mexico requires that spouses suing for divorce to have lived in the state for a minimum of six months prior to filing divorce papers. Otherwise, New Mexico courts are not considered to have jurisdiction over the divorce case.

What is the filing fee for a divorce in New Mexico?

The court fees for filing the paperwork for a basic divorce in a New Mexico court is $137.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

How long does it take to get a divorce in New Mexico?

If the process moves along without holdups, the paperwork for a divorce in New Mexico can be processed in a minimum of 180 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

3. New Mexico General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in New Mexico. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.

New Mexico permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in New Mexico.

Does New Mexico have any limitations on remarriage after a divorce?

New Mexico has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.

What is the divorce rate in New Mexico?

According to the most recent CDC study, the yearly divorce rate in New Mexico is 10 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.

Does New Mexico recognize same sex divorces?

New Mexico recognizes both same sex marriages and same sex divorces. The process of getting a seme-sex divorce is the same as a heterosexual divorce.

| State Law Official Text

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