Is New Mexico a No-Fault Divorce State?

 

New Mexico is a no-fault divorce state.  Therefore, a divorce can be granted without having to allege or prove fault such as adultery, abuse, or abandonment.  Additionally, New Mexico courts usually do not consider fault when distributing property or determining alimony/child support.

Because New Mexico is a no-fault divorce state, you can get divorced even if your spouse contests the divorce.  Accordingly, you or your spouse can request a divorce based on incompatibility or conflicting personalities.  In other words, mutual consent is not necessary for a divorce to be granted.

 

WILL ADULTERY IMPACT MY DIVORCE’S OUTCOME?

 

No.  New Mexico is a no-fault state.  Therefore, adultery will not impact either spouse’s ability to get divorced.

With that said, adultery coupled with economic misconduct could impact how community assets and debts are distributed.  For instance, evidence that one spouse wasted marital assets to pay for the affair could impact how community assets are distributed.  However, in general, New Mexico is a community property state.  This means that assets and debts incurred during the marriage are split 50-50 upon divorce.

Also, in some circumstances, adultery could impact child custody and visitation.  For example, an affair mixed with substance abuse, instability, or domestic abuse could impact custody and visitation.  You see, custody and visitation are always based on a child’s best interests.  In some situations, the elements surrounding adultery may demonstrate that a parent is unfit to properly care for a child.

 

DOES ADULTERY OR FAULT IMPACT SPOUSAL SUPPORT/ALIMONY?

 

No.  New Mexico courts cannot consider fault when calculating spousal support.

 

WHAT IS THE DIFFERENCE BETWEEN FAULT AND NO-FAULT DIVORCE?

 

Most states allow people to marry and divorce as they please.  Because of this fact, a husband or wife that doesn’t want to remain married is entitled to a divorce.  However, some states see divorce differently and require specific acts to be demonstrated before a divorce is granted.

For instance, a fault divorce state may require behavior that irreparably damages a relationship.  Moreover, some states require a “cooling off period,” or for spouses to live apart for a length of time before a divorce is granted.

Conversely, a no-fault divorce does not require any fault or specific behavior.  With a no-fault divorce, an objecting spouse is powerless to prevent a divorce.  Most commonly, no-fault divorces are filed based on incompatibility.  In other words, for whatever reason, the couple is no longer compatible.  Based on this difference in personality or temperament, one party is entitled to request a divorce.

 

IS A NO-FAULT DIVORCE THE SAME AS AN UNCONTESTED DIVORCE?

 

A No-fault divorce is not the same as an uncontested divorce.  A no-fault divorce simply means that either party can request a divorce. As we have seen, with no-fault divorces, one spouse is powerless to prevent the divorce.  With that said, a no-fault divorce does not mean that the parties have a full and complete divorce agreement.

On the other hand, an uncontested divorce means that both sides agree to all the divorce terms.

No-fault divorces often become contested.  For example, a no-fault divorce based on incompatibility becomes contested if the couple disagrees on any of the following issues:

• How community assets and debts are distributed;
• Alimony/spousal support;
• Custody;
• Visitation; or
• Child support.

Disagreement on any legal issue leads to a contested divorce.

 

HIRING A NEW MEXICO DIVORCE ATTORNEY/LAWYER

 

The divorce lawyer that you choose can impact your future.  Matthew Legan Sanchez has the battle developed knowledge and skills to handle your divorce.  Our New Mexico divorce lawyers/attorneys have the skills to guide your case in the best direction.

For over a decade, Sanchez has handled uncontested divorces all across New Mexico, including: Albuquerque, Santa Fe, Taos, Rio Rancho, Los Lunas/Belen, and Gallup/Grants. Also, Sanchez has handled contested divorces across New Mexico, including: Albuquerque, Santa Fe, Socorro/Estancia, Rio Rancho, Los Lunas/Belen, and Gallup/Grants. Talk to a seasoned and successful divorce attorney that knows what they are talking about. Talk to (505) SANCHEZ.