New Mexico Grounds for Divorce

The Petition for Dissolution of Marriage is the initial document filed with the New Mexico court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

A district court may decree a dissolution of marriage on any of the following grounds: 

1. incompatibility; 

2. cruel and inhuman treatment;
   3. adultery; or
   4. abandonment.
  (New Mexico Statutes - Article 4 - Sections: 40-4-1, 40-4-2)


Every dissolution of marriage case that is filed in the state of New Mexico must declare the grounds in which the dissolution of marriage is to be granted. The grounds for dissolution of marriage must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a dissolution of marriage, or agreeing to a dissolution of marriage, make sure that you completely understand the grounds and any potential legal repercussions. If you would like to learn more about the New Mexico grounds, visit the New Mexico state statutes located at: