Attorney
From the native tribes that roamed this area for thousands of years, to sightseers rambling along Route 66, the Albuquerque area has always been as much of a stopping point as it has been a home to people in the Southwest. If your wanderings have just brought you here, welcome!
If your location is not the only thing changing in your life, the Matteucci Family Law team may be able to help. So long as you intend to make the Land of Enchantment your home for the foreseeable future, you can get divorced after living here just six months.
How Long Does It Take to File for Divorce in New Mexico?
To file for divorce in New Mexico, either you or your spouse must have resided in the state for the past six months. You or your spouse must also plan to make your home here.
This requirement is found in the New Mexico statutes at Chapter 40, Article 4, § 40-4-5(A), which states that the courts have jurisdiction over divorce cases only if “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 statute makes it clear that it is not just living here for six months that matters, but the desire to make our state your home.
And the New Mexico Supreme Court has reinforced this principle, holding that both physical presence and intent to remain are necessary. In the divorce case Hagan v. Hardwick, the court made it clear that hanging out in New Mexico for six months isn’t enough:
“[T]o effect a change from an old and established domicile to a new one, there must be… a fixed purpose to remain in the new location permanently or indefinitely. For domicile once acquired is presumed to continue until it is shown to have changed…”
If there are questions about whether you or your soon-to-be-former spouse are New Mexico residents, Attorney Bob Matteucci can help you gather the evidence necessary to prove you live here.
A Note About Military Service
Residence rules apply a little bit differently to those who are serving in the military, or are married to someone serving in the military. The law recognizes you move around more than the average person and takes that into account when establishing jurisdiction over your divorce.
Attorney Bob Matteucci is always honored to work with clients serving in the military, and would be happy to discuss how residency rules may impact your case.
Serving Families with Dignity & Compassion
Whether you’ve just unpacked your last moving box or have lived in the Albuquerque area a few months, know that you don’t have to navigate divorce on your own. Our state’s six month residency requirement is relatively straightforward—but proving you intend to make New Mexico your permanent home can trip some people up.
Attorney Bob Matteucci and the rest of the Matteucci Family Law team are here to help you prove the courts should grant you a divorce and allow you to move forward with your life. Please contact Bob today to discuss your case.