Residency Requirements:
In order to file for divorce in New Mexico, either spouse must have
been a resident of the state for at least 6 months prior to filing and
have a home in the state New Mexico.
Legal Separation:
Legal separation provisions allow for either spouse to begin the
procedure for property division, child custody, support, and
maintenance without seeking a dissolution of marriage. The spouses
must have permanently separated and not cohabitate together. One of
the spouses must have been a resident of New Mexico for at least 6
months immediately prior to filing for separation and have a home
in New Mexico.
General Divorce Procedure:
Written marital settlement agreements are authorized and such
agreements should be recorded in the county where real estate
affected by the agreement may be located.
Title of Divorce action:
Petition for Dissolution of Marriage.
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Grounds for New Mexico Divorce:
No-fault:
No-fault grounds for divorce in New Mexico are incompatibility such that
the there is no reasonable expectation of reconciliation.
Fault-based:
Fault-based grounds for divorce in New Mexico include:
1) adultery;
2) abandonment;
3) cruel and inhuman treatment;
4) incompatibility.
Mediation or Counseling:
The parties may agree to submit any areas of disagreement to mediation
at any time before or after the divorce is filed. Further, the parties
can enter into custody mediation mentioned to resolve issues regarding
child custody. The parties may proceed in court on an uncontested basis
if an agreement is reached in mediation.
Where to file for divorce:
File in the county where either spouse resides.
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