Divorce in New Mexico

New Mexico is nicknamed The Land of Enchantment, and here divorce is legally known as Dissolution of Marriage.

To file for divorce in New Mexico, you or your spouse must have lived in the state for at least six months and have a domicile in New Mexico.

A domicile is defined as follows:

  • The person is physically present in the state and has a place of residence in the state
  • The person has a good intention to permanently or indefinitely live in new mexico1

New Mexico is both a fault and no-fault divorce state. A no-fault divorce does not assign blame on either spouse. A judge will grant you a no-fault divorce in New Mexico due to incompatibility. Fault-based reasons for divorce in NM include cruel treatment, adultery and abandonment.2

New Mexico is a community property state, and only property acquired during the marriage is subject to division. A New Mexico divorce will divide marital property; both assets and debts, equally (50/50).3

1N.M. Stat. § 40-4-5

2N.M. Stat. § 40-4-1

3N.M. Stat. § 40-3-13