Divorce in New Mexico
New Mexico is a community property state where marital assets are generally divided equally. The state allows no-fault divorce based on incompatibility and requires at least one spouse to have been a New Mexico resident for six months. There is a 30-day waiting period after filing.
Quick Facts
Residency Requirement
6 months residency required
Waiting Period
30 days after filing
Filing Fee
$135-$250
Property Division
community property
Grounds for Divorce
- •Incompatibility
- •Cruel and inhuman treatment
- •Adultery
- •Abandonment
Key Facts
- ★New Mexico is a community property state dividing marital assets equally
- ★A 30-day waiting period applies after filing
- ★At least one spouse must have been a New Mexico resident for 6 months
- ★Filing fees are among the lowest in the nation
- ★No-fault divorce is based on incompatibility
Child Custody
New Mexico courts determine custody based on the best interests of the child. The court considers the wishes of the parents and child, the child's adjustment to home and community, the mental and physical health of all individuals involved, and any history of abuse or neglect.
Alimony / Spousal Support
New Mexico courts may award spousal support based on the requesting spouse's needs and the other spouse's ability to pay. The court considers the duration of the marriage, each party's age and health, the current and future earning capacity of each spouse, and the standard of living during the marriage.
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Common questions about divorce in New Mexico
Yes. New Mexico is a community property state, meaning marital assets and debts are generally divided equally (50/50) between spouses. Separate property acquired before the marriage or received as a gift or inheritance is not subject to division.
New Mexico has a mandatory 30-day waiting period after filing. An uncontested divorce can be finalized in as little as 30-60 days. Contested divorces may take several months to over a year depending on the issues involved.