New Mexico Divorce Residency Requirements
In order to file your Petition for Dissolution of Marriage in New Mexico, you must make sure the District Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the New Mexico residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:
The district court has jurisdiction to decree a dissolution of marriage when at the time of filing the petition either party has resided in this state for at least six months immediately preceding the date of the filing and has a domicile in New Mexico. The petition is to be filed in the county in which either spouse reside.
Persons serving in any military branch of the United States government who have been continuously stationed in any military base or installation in New Mexico for such period of six months shall, for the purposes hereof, be deemed to have a domicile of the state and county where such military base or installation is located. (New Mexico Statutes - Article 4 - Sections: 40-4-5)
Since dissolution of marriage is governed by state law, it is required that you meet specific residency requirements in order to file for a dissolution of marriage in the state of New Mexico. It is most common that people file for a dissolution of marriage in the county in which they live. You can also read more about the New Mexico residency requirements in the New Mexico state statutes located at: http://law.justia.com/newmexico/codes/nmrc/jd_ch40-e69.html. If you are unsure of whether or not you meet the New Mexico residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.
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