New Mexico Divorce Requirements
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.
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.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
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