The Controversy Over No Fault Divorce
New Mexico is a “no fault divorce” state, meaning whether or not one party committed adultery or broke other valued promises, the court will not punish that individual from a moral standpoint. Similarly, if one party wants a divorce and the other person opposes divorce on religious or other spiritual or moral reasons, the court will allow the divorce to proceed, whether or not both parties agree the marriage is over. Lawyers understand this is often a difficult concept for some people to accept. The law is not always in tune with every individual’s personal moral beliefs.
Certain failings of your spouse’s behavior, however, are relevant in a divorce if they affect the safety of you or your children or if there has been a breach of fiduciary duty in handling the finances or if community funds have been fraudulently transferred. These actions do not prevent one’s ability to obtain a divorce, but they may relate to how aspects of the divorce are influenced and affected. In certain limited instances, therefore there are legal consequences for certain “bad” behaviors.
One Executive Center
8500 Menaul NE, Suite B-550
Albuquerque, NM 87112
t: (505) 243-0900
f: (505) 243-5785