Divorce can be a complex and daunting process, especially when you got married in a different state or country. If you currently reside in New Mexico, you may have doubts about whether you can legally obtain a divorce in your current state.
In this informative article, we will delve into the question of whether it is possible to get a divorce in New Mexico if your marriage took place in another state or country.
Divorce Laws in New Mexico
Before we address the issue of obtaining a divorce in New Mexico after getting married elsewhere, it is essential to acquaint ourselves with the divorce laws in the state.
New Mexico follows the "no-fault" divorce principle, which implies that neither spouse is required to prove any wrongdoing or assign fault for the divorce to be granted. Simply put, one spouse just needs to claim that the marriage is "irretrievably broken" and that there is no possibility of reconciliation.
Furthermore, New Mexico imposes a residency requirement that must be met before an individual can file for divorce. To qualify for a divorce in New Mexico, you must have resided in the state for a minimum of six months prior to initiating the divorce proceedings.
Can You Obtain a Divorce in New Mexico if You Were Married Somewhere Else?
The straightforward answer is yes, you can obtain a divorce in New Mexico even if your marriage took place in another state or country. However, there are several crucial considerations to bear in mind.
First and foremost, as mentioned earlier, you must satisfy New Mexico’s residency requirement. Regardless of where your marriage occurred, if you have been a resident of New Mexico for at least six months, you are eligible to file for divorce in the state.
Secondly, it is imperative to ensure that the court has jurisdiction over your divorce case. Jurisdiction refers to the court’s authority to make decisions regarding your case. In general, New Mexico will have jurisdiction over your divorce if you and your spouse meet any of the following criteria:
- Both you and your spouse currently reside in New Mexico.
- Either you or your spouse is currently a resident of New Mexico and has lived in the state for a minimum of six months.
- Either you or your spouse is a member of the armed forces stationed in New Mexico.
If none of these criteria apply to your situation, you may need to file for divorce in the state where your marriage took place or in the state where either you or your spouse currently reside.
Conclusion
Embarking on the journey of divorce is never simple, and it becomes even more intricate when you were married in a different state or country. However, if you are currently living in New Mexico and satisfy the state’s residency requirement, you are eligible to file for divorce within the state, regardless of where your marriage took place.
It is vital to keep in mind that ensuring the court has jurisdiction over your case is crucial. If you have any uncertainties, seeking guidance from an experienced family law attorney is of utmost importance. With the proper support and advice, you can navigate through the divorce process and transition to the next chapter of your life smoothly.