Does New Mexico have Jurisdiction for your divorce?

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.

If you have minor children living with your spouse in another state for over six months then you should consider filing in that state as that court has jurisdiction over the children. Your spouse can waive that jurisdiction in writing.


You should file the divorce in the county where you presently reside, or in the County where your spouse resides, if she lives in another County. You or your spouse must have a New Mexico address in the county where you are filing your divorce. New Mexico civilian residents living overseas may file in New Mexico if they have maintained their residency in New Mexico.