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Incompatibility and the New Mexico No-Fault Divorce Law
So you caught your spouse cheating and now you want to file for divorce. In the eyes of the laws, a spouse having a sexual relationship outside the marriage is adultery. At New Mexico Financial Law, we have helped in many of these cases.
However, in New Mexico, adultery will probably have little to do with the legal proceeding. New Mexico’s no-fault divorce law means you can use incompatibility as a grounds for divorce. If your spouse is ‘out and around’ it is entirely possible the grounds for divorce are simply incompatibility.
New Mexico law defines incompatibility as “… discord and conflicts of personalities such that the legitimate ends of the marriage have been destroyed [thus] preventing any reasonable expectation of reconciliation.”
Divorce can also permitted on grounds of:
1) Adultery
2) Abandonment
3) Cruel and inhuman treatment.
Other parts of the divorce law are that one of the spouses must be a resident of New Mexico for a minimum of 6 months. Divorce papers are filed in District courts with the filing spouse named the ‘Petitioner’ and the spouse responding to the filing is named the ‘Respondent’.
The papers can be filed in any county either of the spouses reside and there is a 30 day waiting period after the papers have been served. (If there are no children involved, the Respondent can waive this waiting period.)
No matter the reason for the filing, in New Mexico the most commonly used ground is incompatibility.
To file in New Mexico is really a five step process:
1) Find the proper forms required
2) Completion of all forms needed for successful application to the court
3) Filing the required forms with the clerk in the proper district court.
4) The process were the papers are served on the Respondent
5) The court hearing
Don Harris of New Mexico Financial Law is an experienced and caring professional divorce attorney available to make this process as smooth and painless as possible. Call today and find out why he is one of Albuquerque’s best lawyers!
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