{"id":375149,"date":"2016-03-31T21:36:02","date_gmt":"2016-04-01T02:36:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-mexico-law\/new-mexico-legal-requirements-for-divorce.html"},"modified":"2024-08-30T15:33:48","modified_gmt":"2024-08-30T20:33:48","slug":"new-mexico-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-mexico-law\/new-mexico-legal-requirements-for-divorce.html","title":{"rendered":"New Mexico Divorce Laws"},"content":{"rendered":"\n
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New Mexico Divorce Laws <\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you are considering divorce, you should learn New Mexico’s divorce laws. Every state has specific legal requirements<\/a> you must meet before filing for divorce. New Mexico refers to divorce as "dissolution of marriage."<\/p>\r\n

The divorce process<\/a> in New Mexico is like that of other states. Here, we’ll describe the divorce laws in your state and explain how these laws may affect alimony, child custody, and property division.<\/p>\r\n

Below, you will find a chart summarizing the critical divorce laws in New Mexico. If you still have questions about your divorce case, consult a skilled New Mexico family law attorney.<\/p>\r\n

New Mexico Divorce Laws<\/b><\/h2>\r\n

New Mexico is a community property state. This significantly impacts how you divide your marital assets and debts. The chart below highlights the other rules and laws that govern New Mexico divorce cases.<\/p>\r\n\r\n
Code sections<\/th>\r\n\u00a740<\/a> of the New Mexico Statutes<\/td>\r\n<\/tr>
Residency requirements<\/th>\r\nNew Mexico law requires that either party has lived in the state for at least six months and has a "domicile<\/a>" there. One spouse must be physically present in the state and intend to live there permanently or indefinitely.<\/td>\r\n<\/tr>
Waiting period<\/th>\r\nThere’s a 30-day waiting period between serving the divorce papers on your spouse and the judge finalizing your divorce. <\/td>\r\n<\/tr>
No-fault grounds for divorce<\/th>\r\nIncompatibility. This means the spouses no longer get along, and the marriage isn’t salvageable. <\/td>\r\n<\/tr>
Other grounds for divorce<\/th>\r\n

New Mexico has three fault-based grounds for divorce:<\/p>\r\n