Divorce Law Basics in the State of New Mexico

Also See: New Mexico Marriage Laws

Statute: New Mexico State Divorce Code (Chapter 40, Article 4)

No-Fault Grounds:

• Incompatibility

At-Fault Grounds:

• Adultery
• Cruel and inhuman treatment
• Abandonment

Residency: Either party must be a resident of the state for at least 6 months prior to filing

Legal Separation Recognized? Yes. Alimony, property distribution and child support can be awarded.

Counseling Requirements: The court shall require the parties to attend mediation if feasible; the court shall also order the parties to attend parenting education classes if a minor child is involved.

Property Distribution: New Mexico is a community property state. Parties may modify the distribution by separate agreement or the court will distribute the property equally.Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party at the discretion of the court.