Filing for Divorce in New Mexico
Trusted Divorce Counsel in Las Cruces
If you are looking to obtain a divorce in the state of New Mexico, there
are certain steps of the process which you will need to undertake. Although
divorce is defined as the legal method used to separate two married people,
the entire process is much more complicated. This is because everything
you have ever owned with your spouse needs to be properly divided, including
your assets and debts. If you have children together, then your case also
becomes infinitely more complicated, since you will need to also consider
what to do about
child support and
If this process sounds exhausting or stressful to you, do not worry. Even
though divorce is definitely complex, you can have our knowledgeable attorney
in Las Cruces by your side.
Trust Advanced Legal Resolutions, LLC to give you the real solutions you need.
Call us today at
(575) 209-5879 to find the detailed answers you need regarding all your questions about divorce.
Requirements for Divorce in New Mexico
While everyone would hope for a smooth divorce process, there are certain
issues that separating couples have to deal with, such as division of
property and debts, or child support and custody, which can potentially
make the process more challenging. What will speed up the process, however,
is making sure that you have all the correct requirements taken care of
before you file.
Some of the law’s requirements for filing for divorce within New
- Your spouse or you need to have been a resident of New Mexico for at least
- Your petition is required to be filed either in your own district county
court, or in the district county court of your spouse
- You may not personally serve your divorce papers to your spouse. This must
be done by someone over the age of 18 and does not have anything to gain
from the outcome of the case. People often utilize the services of a local
sheriff or a licensed process server.
- You and your spouse must disclose all finances no later than 45 days after
the petitioner has filed for divorce. These finances include both assets
& debts (both individual and joint), income, investments, and expenses.
- Under oath, you and your spouse must clearly declare that your relationship
is no longer compatible
- You must pay a fee (except, in rare scenarios, you have been approved a
free process by the judge)
- You must wait for the divorce to be finalized by the judge with their signature
of the Final Decree of Dissolution of Marriage
Remember that a spouse still has 30 days to respond with their own beliefs
about the divorce suit. If they don’t respond in time, your petition
is automatically granted, unless your spouse can provide a verifiable
reason for delay, such as a medical emergency.
Grounds for Divorce in New Mexico
In the state of New Mexico, there are a total of four grounds for divorce.
Of the four, the broadest category of “general incompatibility”
is the most common, and also the only type of “no-fault” divorce.
However, there are a few cases where someone can claim a “fault” divorce.
These three causes for “fault” divorce include:
- Cruel or inhumane treatment
If you believe that one of these categories applies to you, it is important
to let your attorney know right away. Matters like custody, child support,
alimony, and even property division can be altered in your favor if it
can be proven that your spouse caused you suffering and pain throughout
the marriage so that it ended in divorce, depending on the circumstance.
Is New Mexico a 50/50 Divorce State?
Community property law applies in New Mexico, which ensures that assets
and properties obtained throughout a marriage are equally shared both
by the spouses, despite who bought it or whose name is on the title. The
majority of the time, community land is split 50/50 between the partners.
When deciding the fair division of such properties, the judge can consider
While the divorce process can seem simple at first, it almost always ends
up becoming more complicated as different circumstances come to light.
You will need to find a skilled attorney in Las Cruces who is not only
extremely familiar with
New Mexico family law, but can fight your case with both empathy for your side and aggression
against the opposing side.
Contact us online or call
(575) 209-5879 so that our determined lawyer at Advanced Legal Resolutions, LLC can serve
you real justice.