Before getting too far along in thought about a divorce, it is essential to know and understand the legalities of the state in which you want a divorce. New Mexico has some specific criteria which divorcing couples must meet in order to go through the divorce process.
First of all, couples filing for divorce in New Mexico must fit the residency requirements. At the time of filing, at least one member of the couple must have been a resident of the state for at least six months. Additionally, at least one member of the couple must have a home of some type in the state. Divorce needs to be filed in the county in which at least one spouse lives. If these conditions are not met, the divorce case will not be heard.
Divorce in New Mexico will only be granted under one of the following four grounds:
The spouse who has filed for divorce must be able to prove the grounds. Or, both parties involved in the divorce may agree upon the appropriate grounds—in this case, both need to substantiate the grounds to the judge.
In New Mexico, one of two property division processes may be followed:
Because New Mexico is a ‘community property’ state, any property that was obtained by either member of the couple from the date of the marriage until the marital ending date is considered to belong to both spouses. Therefore, if a couple is unable to agree on property division, the court will likely divide the property evenly between the two spouses (with some exceptions).
If a divorcing couple signed a premarital agreement, they may not have to deal with the issue of property division. Many premarital agreements have sections in which the division of property is addressed.
For an agreement to be valid, it must be in writing as well as signed and acknowledged by both parties. It will not be enforceable if either party can prove that the premarital agreement was signed involuntarily.
Consulting with a divorce attorney near you is the best way to begin the process, and get it done quickly and correctly.