In New Mexico, all petitioners who hope to file for a divorce must complete the residency requirements. Under New Mexico laws, the petitioner or their spouse must have lived in the state for at least six months for the state to take jurisdiction over the case. A divorce lawyer in Albuquerque, NM could help the petitioners comply with local divorce laws.
What Are the Divorce Grounds?
The most commonly used ground for divorce is incompatibility. This ground indicates that neither party is at fault for the breakdown of the marriage. It is the only no-fault ground available in the state of New Mexico.
To use adultery as a divorce ground, the petitioner must secure evidence of an extramarital affair. They must acquire photographs, video, and message exchanges between their spouse and another individual. The only alternative is a sworn statement of admission from the defendant that substantiates an affair.
The ground of cruel or inhuman treatment includes all forms of abuse, for instance, domestic violence. The petitioner must acquire medical records detailing their injuries and police records in which their spouse was charged formally. These records define the grounds and provide ample evidence.
To use abandonment as a divorce ground, the petitioner must prove that the defendant left without a just cause. They must be separated for a period of at least one year to achieve a divorce under these grounds. If the petitioner is unaware of the whereabouts of the defendant, they must use service by the public to obtain a divorce. This provides notification of the divorce to the defendant.
If the Case Goes to Trial
If the defendant contests the divorce, the couple must attend mediation first to settle their differences. If they don’t, the court decides how the marital estate is divided and who receives child custody.
In New Mexico, petitioners must follow all guidelines for divorces. This includes completing the residency requirements as well as defining grounds for this legal action. Any petitioner who needs assistance should contact a divorce lawyer in Albuquerque, NM through Carter & Valle Law Firm, or click here for more information today.
