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New Mexico Divorce Laws-Frequently Asked Questions

1. Are divorce and legal separation same?
Divorce and separation are in essence same, in case of legal separation; husband and wife live apart and separate but they are legally married still. If six months have passed, both spouses can claim divorce.

2. What is the minimum residence period for a New Mexico divorce?
New Mexico divorce laws require you to reside for six months in New Mexico before you file for a divorce. In case there are children involved, they should also be residents of the state for six months.
3. My spouse is living in another state; can I still claim a New Mexico divorce?
Yes, you have the right to claim a New Mexico divorce, because New Mexico divorce laws require only one spouse to be a resident of the state.
4. How long am I required to wait to get divorced in New Mexico?
If the case is not complicated, then it takes a month to get New Mexico divorce. Otherwise it may take longer.
5. Do I get some monetary support while the divorce is in pending?
Yes, in New Mexico you will definitely get money for expenses while the divorce is in process.
6. Is it necessary to go to the court?
According to the New Mexico divorce laws, if you and your spouse agree on all issues, there is no need to go to the court. You will only be required to submit all the papers for judge's signature. But if there are unsettled issues then you have to go to the court on each hearing.
7. My spouse does not want to give me a divorce, what should I do?
New Mexico is a no-fault state which means that under the New Mexico divorce laws you can file for a divorce under "incompatibility" to get a divorce in such cases.
8. What are the major issues in a divorce?
There are four major issues which are to be addressed in a divorce:
9. Is it compulsory to hire a divorce lawyer?
The New Mexico divorce laws do not force you to hire a divorce lawyer. There are many cases in which people represents themselves. But it is strongly advised to hire a divorce lawyer because s/he can work represent you better.
10. Can I and my spouse hire the same divorce lawyer?
No, you cannot hire the same divorce lawyer.
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