New Mexico Divorce Requirements
Each state has different residency requirements for how divorces may
proceed. In New Mexico individuals filing for divorce are required to
be state residents for a minimum of six months prior to filing for
divorce. Those who are serving in the United States' military and are
stationed in New Mexico are considered state residents after this
six-month time period.
If the individuals involved in the divorce live in different counties
in the state of New Mexico, either individual may petition for divorce
in his or her county of residency. Individuals are also allowed to
petition for divorce if only one spouse resides within the state. All
residency time limits must first be met before a case can be filed to a
New Mexico county district court.
Grounds for Divorce Filing
Each state has different legal grounds for divorce. These are the
reasons why a divorce is requested. Legal divorce grounds from other
states may not be legal in the state of New Mexico. Under these grounds
individuals are to file for divorce and state on which grounds they are
One individual may petition for divorce and cite the reasons for
divorce but will have to prove these grounds before the court. If not
all the portions of certain divorcing grounds are met, such as timeline
stipulations, a case can be dismissed.
New Mexico has two different sections for divorcing grounds. The first
category is called No-Fault grounds where the reasons for divorce are
named as incompatibility. Under No-Fault grounds many individuals have
already entered into counseling. These grounds cite that no particular
spouse is responsible for the divorce request.
The other category of New Mexico divorce grounds is called Fault
grounds where one individual is cited as responsible for the divorce
request. This category includes adultery of either individual, inhuman
and cruel treatment of one individual to the other, and abandonment of
one individual by the other.
A single divorce can include as many as twenty documents, which also
depends on the divorce's circumstances and any subsequent children. All
documents will be filed to the court clerk's office and then will later
be presented at the designated hearing.
The documents can include an Affidavit Concerning Child Custody form, a
Petition for Dissolution of Marriage and Decree of Dissolution of
Marriage form, a Waiver and Consent form, a Parent Plan and Child
Support Obligation form, a Domestic Relations Information Sheet, a
Financial Affidavit form, and an Appearance form.
The state of New Mexico is known as a community property state where
all the property that was acquired through the marriage--no matter the
length of the marriage--will be divided evenly between the individuals.
If the individuals involved in the divorce cannot divide the property
themselves, the court will then divide the property equally--fifty,
fifty--between the two. However each individual is allowed to keep any
property that was acquired prior to the marriage. All property is to be
classified into different groups of how it was obtained.