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Legal Information: New Mexico

Divorce

Updated: 
January 5, 2024

What are the residency requirements for divorce in New Mexico?

To file for divorce in New Mexico, you or your spouse must have lived in the state for at least six months and have a “domicile” in New Mexico. You are considered to have a domicile in New Mexico if you:

  • are physically present in New Mexico and have a home in New Mexico;
  • intend to live in New Mexico permanently or indefinitely;
  • serve in the U.S. military and have been stationed in New Mexico for six months; or
  • serve in the U.S. military and lived in New Mexico for six months immediately before you or your spouse moved to a military base outside of New Mexico, but you intend to return to New Mexico and live there permanently or indefinitely.1

1N.M. Stat. § 40-4-5

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