What does “No Fault” Divorce mean?

What is a no fault divorce? New Mexico is a no fault divorce. There does exist in New Mexico a statute that outlines the different grounds in which one can obtain a divorce. The list in the statute doesn’t necessarily sound like “no fault.” However, despite the grounds in which one can file under (abandonment, cruelty, etc.), New Mexico does not look to “fault” when dividing assets.

This means that you could be married to the meanest person around who has done horrible things and still they are going to be entitled to 50% split of community assets and debts. This is what is meant when one talks about no fault divorce. In addition, there is the catch all phrase of irreconciable differences that is generally used when seeking a divorce. However, our firm has used other grounds to obtain a divorce for an individual.

So, if you go and visit an attorney and think that telling him/her all of the bad things about the other person will somehow benefit you think again. Now be clear, some of those “bad” things may impact on custody issues but those “bad” things have no impact on the community property division or whether a divorce will or will not be granted. This is the general understanding of a “no fault” divorce.

If you have any questions regaridng your divorce case please contact us at 505-880-8737.