Sadly, despite many years of marriage and many months of trying to “make things work” when things seem to be falling apart, the technical requirement that must be met in order to qualify for a New Mexico divorce is a simple showing of “incompatibility.”
New Mexico does allow for some fault allegations as a basis for obtaining a divorce (cruel and inhuman treatment, adultery, or abandonment), but the outcome of the divorce case based on fault allegations will not differ from the outcome of a divorce case based on no-fault. Fault and misconduct simply do not factor into a judge’s decision regarding divorce.
The New Mexico District Court has jurisdiction to grant a divorce when, at the time of filing the petition for dissolution of marriage, either party has resided in New Mexico for at least six months immediately prior to the filing of the petition.
The petition is filed in the county in which either spouse resides. The party who files the petition is the “petitioner” and the party who is served with the petition is the “respondent.”
While it is not mandatory in terms of achieving success in your divorce, being the party who files the petition gives some leverage in terms of being able to obtain temporary orders to, among other things, prevent your spouse from incurring additional debt, disposing of or selling community property, or preventing your spouse from keeping your children from you.
The necessity of such orders, and the pros and cons of being the spouse to file the petition, are beyond the scope of this current article, but can be discussed in detail with a New Mexico divorce lawyer.
If you are a man facing divorce in New Mexico, you should contact a New Mexico divorce lawyer to ensure your rights are protected.
Cordell & Cordell Albuquerque divorce lawyers are licensed to practice throughout the state and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-DADS-LAW to schedule an appointment.