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To be granted a divorce in New Mexico, one or both parties must have been residing in New Mexico for at least six (6) months immediately preceding the filing of the Petition for Dissolution of Marriage and is domiciled in New Mexico.
What does “domicile” mean? Domicile means that an individual is (1) physically present in the state and has a place of residence in it, and (2) has a present, good faith intention to reside in New Mexico permanently and indefinitely.[1]
The party who initially files the Petition for Dissolution of Marriage is known as the Petitioner. There are no advantages or disadvantages to filing first; the party who responds to the Petition for Dissolution of Marriage is known as the Respondent. The Respondent has twenty-one (21) days in which to respond to the Petition.
Once the Respondent responds to the Petition, there is a Court-proscribed process that triggers a series of deadlines and requirements, such as mediation, discovery, temporary orders, and other guideposts along the way until a final divorce hearing is held by the Court.
It is difficult to speak to generalities when it comes to divorce. The length of a divorce proceeding, as well as the cost, is dependent upon a variety of factors, including, but not limited to, the duration of the marriage, the time in which the parties have been domiciled in New Mexico, whether there are children of the marriage, the amount of assets and debts to divide, the amount of real and personal property to allocate, whether spousal maintenance (alimony) is necessary, whether one or both parties own a business or other income-driven entity, and the ability of the parties to agree to terms of their divorce, to name a few.
Dudelczyk Family Law is deeply committed to a client-centered law practice in which the legal aspects of our clients’ divorces is tended to so that they can take care of themselves (and any kiddos that may be involved). Dudelczyk Family Law strives to come to full agreements on all issues to avoid the stress and cost of litigated divorce (going to trial).
Schedule a consultation today to learn how Dudelczyk Family Law can assist you with your divorce.
[1] For military members or spouses of military members, persons serving any military branch of the United States Government who have continuously been stationed in any military base or installation in New Mexico for a minimum of six (6) months is deemed domiciled in New Mexico. Similarly, a spouse of a military member who has resided continuously in New Mexico for at least (6) months immediately prior to the spouse’s entry into any military branch of the United States government who is stationed or whose spouse is stationed outside of New Mexico but who has a good faith, present intention to return and reside to New Mexico shall be deemed to have domicile in New Mexico.
Disclaimer: The information provided herein is intended to provide individuals with a baseline understanding of a dissolution of marriage proceeding in New Mexico and does not constitute legal advice, nor does it create an attorney-client relationship between the reader and Dudelczyk Family Law, LLC. Please consult or retain an attorney to discuss the specific needs of your case.
