Divorce Law (New Mexico)

DivorceThe 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:

  • Incompatibility
  • Cruel and inhuman treatment
  • Adultery
  • 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:

  • Is physically present in New Mexico and has a place of residence in this state
  • Has a present intention in good faith to reside in New Mexico permanently or indefinitely
  • 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
  • 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.