Can I File for Divorce in New Mexico?

The state of New Mexico has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with the District Court for your county in New Mexico. The New Mexico residency requirements are as follows:

The district court has jurisdiction to decree a dissolution of marriage when at the time of filing the petition either party has resided in this state for at least six months immediately preceding the date of the filing and has a domicile in New Mexico. The petition is to be filed in the county in which either spouse reside.

Persons serving in any military branch of the United States government who have been continuously stationed in any military base or installation in New Mexico for such period of six months shall, for the purposes hereof, be deemed to have a domicile of the state and county where such military base or installation is located. (New Mexico Statutes - Article 4 - Sections: 40-4-5)

If you DO NOT meet at least one of the above New Mexico residency requirements, you have the following options:

• Establish residency in New Mexico for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
• Have your spouse do the filing if he or she meets the New Mexico residency requirements.
• Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).

To file for divorce in New Mexico you must live in the state for at least 6 months with or without children. However, the children must live in the state with the parent for 6 months with no prior divorce action filed in any other state. To prove residency, you must have a home in New Mexico, either a lease or rental agreement or if you own your home, property taxes showing the current address and when the home was purchased.

If you are a military member, you must be stationed in New Mexico for 6 months and then you are considered a resident at least for filing divorce. You can also file divorce paperwork in New Mexico if this state is considered your home of record and you plan on returning to live after your military service is completed.