Full question:
If I file for legal separation, can I file for divorce anytime afterwards or is there a waiting period? If after three months and circumstances do not change, can I file for divorce and will there be additional waiting period before final divorce?
- Category: Divorce
- Date:
- State: New Mexico
Answer:
Please see the following NM statutes:
40-4-3. Proceeding for division of property, disposition of children or
alimony without the dissolution of marriage.
Whenever the husband and wife have permanently separated and no longer
live or cohabit together as husband and wife, either may institute
proceedings in the district court for a division of property, disposition
of children or alimony, without asking for or obtaining in the
proceedings, a dissolution of marriage.
40-4-5. Dissolution of marriage; jurisdiction; domicile.
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. As used in this section,
"domicile" means that the person to whom it applies:
A. is physically present in this state and has a place of residence
in this state;
B. has a present intention in good faith to reside in this state
permanently or indefinitely;
C. provided further, 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; and
D. provided further, any person who had resided continuously in New
Mexico for at least six months immediately prior to his or his spouse's
entry into any military branch of the United States government, who is
stationed or whose spouse is stationed at any military base or
installation outside of New Mexico and who has a present intention in
good faith to return and to reside in this state permanently or
indefinitely, shall for the purposes hereof, be deemed to have a domicile
of the state and county of his residence immediately prior to his or his
spouse's entry into the military branch.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
