When confronted by divorce one often asks, “What Are The Grounds for Divorce in Albuquerque, New Mexico?” Is New Mexico a no-fault divorce state?
All marriages are unique. Each marriage ends in divorce for a unique combination of reasons. Although there are endless reasons for divorce, there are specific legal grounds for divorce in Albuquerque, New Mexico.
INCOMPATIBILITY OR IRRECONCIABLE DIFFERENCES IN DIVORCE IN ALBUQUERQUE,NEW MEXICO
The terms incompatibility or irreconcilable differences are often used in combination with divorce. Incompatibility or irreconcilable differences is often the official reason that is listed for divorce in Albuquerque, New Mexico. You often hear these terms because New Mexico is a no-fault state. This means that you are not required to demonstrate fault to move forward for a divorce.
In New Mexico, the person requesting the divorce can list the following as the grounds for divorce:
- Cruel and inhuman treatment;
- Adultery; or
- Abandonment.
However, because New Mexico is a no-fault state, a divorce can be granted based on incompatibility or irreconcilable differences.
IS NEW MEXICO A NO-FAULT STATE FOR DIVORCE?
Yes. New Mexico is a no-fault state. This means that neither party bears the blame for ending the marriage. Neither spouse must prove that the other spouse committed a wrong act, to request a divorce. This means that to get divorce in NM, the divorce law only requires you to desire to end the marriage.
No-fault divorce is currently the legal norm in the United States. Before the no-fault laws were enabled, divorce was only permitted when one spouse could demonstrate a valid reason (i.e. fault) in the marriage – such as abuse, adultery, or abandonment.
Today, either spouse can move forward for the divorce for any reason, listing incompatibility.
WHAT DOES IONCOMPATIBILITY, IRRECONCIABLE DIFFERENCES MEAN IN ALBUQUERQUE,NM?
Incompatibility or irreconcilable differences means that you and your spouse have differences in personalities that prevent you from remaining married.
WHAT ARE THE FAULT-BASED REASONS FOR DIVORCE IN NEW MEXICO?
According to New Mexico Divorce Law, the fault-based reasons for divorce are:
- Cruel and inhuman treatment;
- Adultery, or
- Abandonment.
REASONS FOR NO-FAULT DIVORCE IN ALBUQUERQUE, NEW MEXICO
No-fault divorces tend to reduce the following negative aspects from divorce:
- Anger,
- Bitterness,
- Conflict; or
- Contention.
No-fault divorces eliminate the need to show that the other party is to blame for the divorce. At times, two spouses grow apart, and marriage is no longer desirable. Growing apart, or conflict in personalities, does not require one spouse to be abusive, or to blame for the marriage dissolving.
NO-FAULT DIVORCE IN NEW MEXICO AND ACROSS AMERICA
In 1969 California became the first state to allow no-fault divorce. Today, all 50 states have either eliminated a fault-based requirement for divorce or have added a no-fault basis for divorce. For instance, New Mexico law enables a spouse to claim incompatibility as the basis for a divorce.
Most divorces in New Mexico are based on incompatibility. In New Mexico, it is rare for a divorce to be requested based on cruel and inhuman treatment, adultery, abandonment, or any other fault-based reason.
In New Mexico you have the option to choose a no-fault divorce. With this said, you can also request a divorce for a fault-based reason.
NO FAULT DIVORCE IN ALBUQUERQUE, NEW MEXICO
Are you wondering if Albuquerque, New Mexico is a no-fault state? The answer is yes. According to New Mexico divorce law, a marriage can be ended because of incompatibility. According to NM law, “Incompatibility exists when, because of discord or conflict of personalities, the legitimate ends of the marriage relationship are destroyed preventing any reasonable expectation of reconciliation.”
In other words, for whatever reason, you no longer want to be married to your spouse.
DOES NEW MEXICO CONSIDER FAULT WHEN DIVIDING PROPERTY OR CALCULATING ALIMONY IN NEW MEXICO?
No. New Mexico courts do not consider evidence of fault, or the reason for the divorce, when dividing community property or calculating alimony/spousal support. New Mexico family courts are not allowed to consider fault as the basis for alimony/spousal support. See Redman v. Redman, 64 N.M. 339.
(505) SANCHEZ ANSWERS, WHAT ARE THE GROUNDS FOR DIVORCE IN ALBUQUERQUE, NEW MEXICO?
Are you facing a divorce in Albuquerque, New Mexico and are wondering, “What are the grounds for divorce in Albuquerque,New Mexico?” Matthew Legan Sanchez has been handled divorce trials all across Albuquerque, New Mexico for over a decade. Sanchez has handled divorce cases in Bernalillo, Sandoval, Santa Fe, or Valencia County in New Mexico. Call (505) SANCHEZ today.
What are the grounds for divorce in New Mexico?
