Can I Get A Divorce In New Mexico If My Spouse Has A Disability?

Deciding to get a divorce is a difficult choice, and when one spouse has a disability, it can add further complexities to the process. In the state of New Mexico, however, having a disability does not prevent someone from obtaining a divorce. In this article, we will explore the specific laws and considerations involved in seeking a divorce when one’s spouse has a disability in New Mexico.

Regardless of whether one or both spouses have a disability, the legal process for obtaining a divorce in New Mexico remains the same. To file for divorce in this state, at least one spouse must have been a resident for a minimum of six months before the filing. Additionally, the petitioner, who is the spouse initiating the divorce, must have a valid reason for seeking the divorce, such as irreconcilable differences or adultery.

When a spouse has a disability, the court takes into consideration any additional factors that may impact the divorce proceedings. These factors could include the need for support, medical care, or accommodations. It is possible that the court may request further evidence or documentation to determine the appropriate division of assets or support obligations.

Fair Division of Property

In New Mexico, the law mandates the equitable division of marital property between the parties involved. This means that property acquired during the marriage, regardless of whose name is on the title, will be divided fairly based on various factors. These factors can include the duration of the marriage, the contributions made by each spouse, and the individual needs of both parties.

When one spouse has a disability, the court may take into account the necessity for additional income or resources to cover medical expenses or other accommodations. Consequently, a larger share of marital property may be allocated to the spouse with the disability.

Spousal Support and Maintenance

Spousal support, commonly known as alimony, may be awarded to one party in New Mexico if they can demonstrate a financial need. This support can be awarded regardless of whether the recipient spouse has a disability. The amount of support granted depends on several factors, such as the length of the marriage, the income and earning potential of each spouse, and the standard of living experienced during the marriage.

In cases where one party has a disability, the court also considers the additional financial burden placed on the spouse with the disability, such as the need for extra medical care or accommodations. This may influence the court’s decision regarding the amount of spousal support granted.


Although the process of obtaining a divorce when one spouse has a disability can be complex, it is not an impossible task in New Mexico. The legal process for divorce in the state remains the same, regardless of whether one or both spouses have a disability. However, the court takes into account any additional considerations, such as the necessity for support, medical care, or accommodations, which may affect the divorce proceedings.

If you are contemplating a divorce in which one spouse has a disability, it is crucial to consult with an experienced attorney who can provide guidance and support throughout the legal process. By doing so, you can ensure that your rights are protected and that you navigate the complexities of divorce in a fair and informed manner.

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