Divorce in New Mexico
State-specific overview · Family Law
New Mexico recognizes both fault and no-fault divorce, with a 30-day waiting period after filing.
How New Mexico treats Divorce
You can file for divorce on no-fault grounds (incompatibility) or fault grounds (adultery, cruelty, abandonment). After filing, you must wait at least 30 days before the court can grant the divorce. New Mexico is a community property state, meaning marital assets and debts divide equally between spouses unless the court finds good cause for unequal division.
The general definition of Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Read the full Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Mexico.