Grounds for Divorce in New Mexico
New Mexico provides no-fault and fault options. Most couples use incompatibility to keep costs down and avoid proof disputes.
No-Fault Ground
Incompatibility allows divorce without proving wrongdoing. The focus stays on property division, spousal support, and, if applicable, parenting arrangements.
Fault Grounds
Fault grounds include adultery, cruel and inhuman treatment, and abandonment, among others. Fault requires proof and usually increases time and expense without guaranteeing different outcomes on property or support.
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FAQs
Do I have to prove fault to get divorced in New Mexico?
No. Most cases proceed on incompatibility (no-fault).
Can fault change the outcome?
Sometimes in limited contexts, but decisions typically turn on financial facts and children’s best interests.
Is legal separation available?
Yes. You may request legal separation if you need court orders without ending the marriage.
