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Residency Requirements for a New Mexico Divorce
New Mexico has its own dissolution of marriage laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the New Mexico residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.

New Mexico Filing Requirements: In order to file for a dissolution of marriage in New Mexico, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The 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)

Copyright Notice: The above synopsis of New Mexico residency requirements for divorce is original material which is owned an copyrighted by Divorce Source, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited. Violation of this notice will result in immediate legal action.

If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:

1. Do not proceed with a divorce and attempt to save your marriage.
2. 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).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for New Mexico.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).

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