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Legal Information: New Mexico

Divorce

Updated: 
January 5, 2024

What are the reasons (grounds) for divorce in New Mexico?

The reason for a divorce is called the ground for divorce. In New Mexico, you can get a no-fault divorce or a fault-based divorce.

A no-fault divorce is when you file for divorce without saying that your spouse is responsible for the end of the marriage. A judge will grant you a no-fault divorce due to incompatibility.1 Incompatibility means that because of disagreements or conflicts, the reason for getting married to your spouse is destroyed and there is no reasonable expectation that you will get back together (reconcile).2

A fault-based divorce is when you file for divorce, and you claim that your spouse was responsible for the end of the marriage due to:

  • cruel and inhuman treatment;
  • adultery; or
  • abandonment.1

1N.M. Stat. § 40-4-1
2N.M. Stat. § 40-4-2

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