What Are the Grounds for Divorce in New Mexico?
Divorce in New Mexico will be granted if any of the following occurred during the marriage:
- Incompatibility between the spouses
- Cruel and inhumane treatment
How Do I Start Divorce Proceedings?
You can start divorce proceedings by filing a divorce petition in a court situated in the same county where you or your spouse resides. It is advisable to speak with a divorce attorney prior to filing a divorce petition to confirm that you fulfill the residency requirements and to ensure the district courts in New Mexico have jurisdiction over the case.
Will I Receive Any Alimony or Spousal Support?
Either spouse is eligible to receive alimony or spousal support based on their respective circumstances. The court considers the lifestyle during the marriage, the current and future earnings of both parties, the earning potential of a spouse who may temporarily need spousal support, efforts made to become financially independent, and other factors that are relevant to the case.
How Will the Property Be Divided During the Divorce?
During a divorce, each party is allowed to keep any separate property they acquired before the marriage and after a legal separation. Any property received as a gift, an inheritance, or that is specifically designated as separate property during the marriage will remain in full possession of the respective owner. The court will divide any community property obtained during the marriage in an equitable and just manner.