Divorce may be defined as the legal ending of a marriage. Married couples do not have a legal or a constitutional right to seek a divorce, but states like New Mexico generally grant divorces because forcing a couple to remain married would be against public policy.

"No-fault" and "fault" are the two types of grounds, or justifications, for divorce in the United States. In some states, no-fault is the only suitable justification for a divorce, even if fault grounds exist within the marriage. The other states, such as New Mexico, allow the people involved to select either a no-fault or a fault divorce. The Cornell University Law School website, law.cornell.edu, offers a comprehensive overview of divorce and separation law in the United States.

The United States first adopted the concept of a no-fault divorce in the late 1960's, and nearly all of the states currently allow for some form of it. A no-fault divorce is one in which the parties do not legally fault, or blame, each other for the divorce. Some examples of the justifications for a no-fault divorce include “irreconcilable differences,” “irretrievable breakdown,” or “incompatibility.” One spouse cannot usually stop a no-fault divorce, simply because when one spouse wants a divorce and the other does spouse not, this constitutes irreconcilable differences, which justifies a no-fault divorce.

In New Mexico, the no-fault basis for a divorce is incompatibility. According to Lawyers.com, “incompatibly exists when, because of discord and conflicts of personalities, the legitimate ends of the marriage relationship have been destroyed preventing any reasonable expectation of reconciliation.” To obtain a divorce in New Mexico, one of the parties must have resided in the state for a minimum of six months and at least one of the parties must have a home there at the time the action is commenced. The divorce process begins when one spouse files a petition for dissolution of marriage in the district court of any county where either spouse resides.

Many states require a "cooling-off" period of separation for a particular period of time before no-fault divorce proceedings can begin. During this time, the couple is required to live separate and apart with the intent that the separation will be permanent. The duration of the cooling-off period varies according to state law. New Mexico has no special provision for a waiting period.

Some states also allow fault grounds for a divorce. Common fault grounds may include cruelty, desertion, adultery, prison confinement, habitual intemperance (drunkenness or drug addiction), and impotency. In New Mexico, the fault grounds for a divorce are cruel and inhuman treatment, adultery, and abandonment. There may be several “defenses,” or denials, that are sometimes used regarding fault divorces. Defenses to divorce are not allowed under New Mexico law.

Divorce laws in general, as well as the specific grounds required for divorce vary widely across the United States. The American Bar Association provides a variety of information regarding divorce requirements state by state on their Section of Family Law website. A chart comparing all 50 states, including New Mexico, can be found at abanet.org.

*An example of a New Mexico Divorce Settlement Agreement can be found on Free Legal Aid.