No-Fault Divorce in New Mexico
State-specific overview · Family Law
New Mexico recognizes no-fault divorce based on incompatibility, with a 30-day waiting period after filing.
How New Mexico treats No-Fault Divorce
Either spouse may file for divorce citing incompatibility without proving fault. The court imposes a mandatory 30-day waiting period from the date of service before granting the divorce. New Mexico treats this as a straightforward dissolution process when both parties agree on terms. The state also allows fault-based grounds, but incompatibility is the simplest path.
The general definition of No-Fault Divorce
A divorce granted without requiring either spouse to prove wrongdoing by the other.
A no-fault divorce is a divorce where neither spouse has to prove that the other did something wrong, like infidelity or abuse. Instead, one or both spouses simply state that the marriage is irretrievably broken or that they have irreconcilable differences. This is the most common type of divorce in the United States today. No-fault divorces are generally faster and less contentious than fault-based divorces because they don't require gathering evidence of misconduct.
Read the full No-Fault 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.