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 filing.
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.