New Mexico Divorce Laws

New Mexico Family Law Code.

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NM State Judiciary Self Representation Website, Family Law

About New Mexico Divorces.

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• 40-4-1. Dissolution of marriage. On the petition of either party to a marriage, a district court may decree a dissolution of marriage on any of the following grounds:
      A. incompatibility;
      B. cruel and inhuman treatment;
      C. adultery; or
      D. abandonment.
  
  
• Section 40-4-2. Incompatibility. Incompatibility exists when, because of discord or conflict of personalities, the legitimate ends of the marriage relationship are destroyed preventing any reasonable expectation of reconciliation.
  
  
• 40-4-5. Dissolution of marriage; jurisdiction; domicile. The district court has jurisdiction to decree a dissolution of marriage when at the time of filing the petition either party has resided in this state for at least six months immediately preceding the date of the filing and has a domicile in New Mexico. As used in this section, "domicile" means that the person to whom it applies:
      A. is physically present in this state and has a place of residence in this state;
      B. has a present intention in good faith to reside in this state permanently or indefinitely;
      C. provided further, persons serving in any military branch of the United States government who have been continuously stationed in any military base or installation in New Mexico for such period of six months shall, for the purposes hereof, be deemed to have a domicile of the state and county where such military base or installation is located; and
      D. provided further, any person who had resided continuously in New Mexico for at least six months immediately prior to his or his spouse's entry into any military branch of the United States government, who is stationed or whose spouse is stationed at any military base or installation outside of New Mexico and who has a present intention in good faith to return and to reside in this state permanently or indefinitely, shall for the purposes hereof, be deemed to have a domicile of the state and county of his residence immediately prior to his or his spouse's entry into the military branch.
  
  Last Updated: 10-10-08