When it comes to divorce, it’s important to understand that the laws and requirements can vary from state to state. New Mexico, like other states, has its own set of rules and regulations governing the divorce process. If you find yourself in a situation where your spouse has abandoned you, you may be wondering if you can get a divorce in New Mexico. Well, I’m here to provide you with all the information you need to know about getting a divorce in New Mexico, particularly in cases of spousal abandonment.
Grounds For Divorce In New Mexico
Before you can obtain a divorce in New Mexico, you must establish "grounds" for the divorce, which are the reasons that the court will accept to legally end your marriage. These grounds are typically classified as either "fault" or "no-fault" grounds. In New Mexico, there are several grounds for divorce, including:
- Incompatibility: This refers to the situation where you and your spouse are unable to get along or reconcile your differences.
- Adultery: If your spouse has been unfaithful, it can be considered as a valid ground for divorce.
- Abandonment for at least one year: In New Mexico, if your spouse has left you and remained absent for a continuous period of at least 12 months, you can file for a divorce on the grounds of abandonment.
- Cruel and inhuman treatment: This ground applies when your spouse has subjected you to physical or mental abuse, making it impossible to continue the marriage.
- Intolerable mental or physical cruelty: Similar to the previous ground, this applies when your spouse’s behavior towards you has become seriously harmful, endangering your mental or physical well-being.
Abandonment As Grounds For Divorce
Among the listed grounds, abandonment for at least one year is a legally recognized and acceptable reason for divorce in New Mexico. Therefore, if your spouse has voluntarily left you and has been absent for a continuous period of 12 months, it is possible to file for a divorce based on this ground. However, bear in mind that you will be required to substantiate the claim of abandonment to establish the validity of this ground.
Proving Abandonment
To prove abandonment in a New Mexico divorce case, you need to present evidence to the court demonstrating that your spouse left the marital relationship willingly and without any valid justification. Essentially, you must show that they departed without your consent, intention to end the marriage, or reasonable explanation for their absence. Some evidence that can play a crucial role in proving abandonment includes:
- Proof of disappearance: Providing evidence that your spouse left without informing you of their whereabouts or their intended return.
- Establishing a separate residence: Demonstrating that your spouse has been living elsewhere for at least a year.
- Testimonies of witnesses: Garnering testimonies from witnesses who can verify and support your claim that your spouse has indeed abandoned you.
What If You Can’t Find Your Spouse?
In situations where your spouse has abandoned you, but their whereabouts are unknown, you’ll face additional challenges in the divorce process. In such circumstances, you must take additional steps to locate them. It’s crucial to make a genuine and sincere effort to find your spouse, which might involve searching through public records, reaching out to their family and friends, or even considering the assistance of a private investigator. Should all these attempts fail to locate your spouse, you may still be able to proceed with the divorce through a method called "divorce by publication." This entails publishing a notice of your divorce in a local newspaper, serving as a means to notify your spouse about the divorce proceedings.
Conclusion
Dealing with abandonment within the context of marriage can be an incredibly challenging situation. However, residents of New Mexico have legal options available to them. Abandonment for at least one year serves as a valid ground for divorce in the state, provided you can substantiate your claim. If you find yourself uncertain about the next steps or have questions regarding the divorce process, seeking the guidance of an experienced New Mexico divorce attorney is always recommended. They can provide the necessary support and expertise to navigate you through the entire process smoothly.