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Grounds for Divorce: New Mexico

Each state has unique grounds in which a dissolution of marriage may be granted by the court. When choosing the grounds for your dissolution of marriage, you should always remember that you must have sufficient proof to the court that your marital situation warrants a dissolution of marriage by the grounds you are requesting.

Grounds for Filing: The Petition for Dissolution of Marriage must declare the appropriate New Mexico grounds upon which the dissolution of marriage is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The dissolution of marriage grounds are as follows:

A district court may decree a dissolution of marriage on any of the following grounds:

No-Fault:

1. incompatibility;

Fault:

1. Cruel and inhuman treatment;
2. Adultery; or
3. Abandonment.

(New Mexico Statutes - Article 4 - Sections: 40-4-1, 40-4-2)

If you do not fall under any of the above mentioned grounds for divorce or dissolution, you most likely should consider trying to save your marriage. Many spouses find that they do not meet the requirements of a waiting period, which can be very frustrating, but it is these waiting periods that are in effect in order to help prevent rash decisions to terminate a marriage.

Related Divorce Resources:

- Start Your New Mexico Divorce Today (5 Great Options!)
- Locate a New Mexico Divorce Professional Near You
- Read More About New Mexico Divorce Laws

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New Mexico Divorce Source


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