2015 Mountain Rd NW, Albuquerque, NM 87104 (505) 247-3335

Grounds for Divorce in New Mexico

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New Mexico Law has 4 reasons a person can use when filing for a divorce.


1. Incompatibility
2. Adultery
3. Cruel and inhumane treatment
4. Abandonment

[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_single_image image=”98″ img_size=”medium” style=”vc_box_shadow_3d”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Even though New Mexico lists 4 grounds for divorce, almost all of the cases are filed under the no-fault standard of incompatibility.  This means when you file your petition to dissolve the marriage, under oath, you state that you and your spouse are no longer compatible.  The irreconcilable differences between you and your spouse have destroyed the marriage and there is no chance to reconcile.

The courts are not allowed to take into fact abandonment, adultery, and cruel and inhumane treatment when deciding matters of child support and custody, and division of property. Since the dirty details of who did what to whom is irrelevant to the judges, they don’t want to hear about it.

In fact, some judges may even question the reasons you have put these allegations into your divorce petition and wondering about your motives and the truth behind the accusations. Obviously, this is no way to start your divorce proceedings.

In New Mexico how long can it take to get a divorce?

That largely depends on the divorcing couple.  If both parties can reach an agreement and work through any issues, a divorce can be granted rather quickly.  This is where a family lawyer, well versed in collaborative law, can be extremely helpful.  Remember, with every issue that can’t be agreed upon more and more time as well as cost can be expected.

If everything can be resolved a divorce can be granted within a month.  If on the other hand you have to go to litigation, a divorce could take up to a year or longer.

In the end, this could mean a difference of thousands of dollars you will be required to pay your divorce lawyer.

PJ Hartman, supported by an experienced professional staff, places a special focus on helping clients resolve their disputes outside of traditional contested divorce litigation.

She will work to find common ground to resolve differences amicably. Whether through skillful negotiations or a formal mediation process, clients usually find they emerge from the process in a better place and are able to resolve future issues with their ex-spouse more effectively.

Contact or call the office at 505-247-3335 or 505-247-3335 to schedule a consultation.