New Mexico consistently ranks among the states with the highest divorce rates in the U.S. The refined divorce rate is about 20.6 divorces per 1,000 married women, placing it in the top five nationally. While recent crude divorce rate data per 1,000 residents is less consistently reported, historical figures indicate it is also high. Overall, marriages in New Mexico are more likely to end in divorce than in most other states. So, in New Mexico, tying the knot apparently comes with a “return policy.”
In New Mexico, the median length of marriage is likely shorter than the national average of 20 years. Marriages that end in divorce probably last around 8 years, similar to the U.S. overall. So, in New Mexico, “forever” might be a bit more of a suggestion than a guarantee.
| Age Group (Years) | U.S. Divorce Rate per 1,000 Married Women (2021) | Key National Trend Observations | New Mexico Overall Divorce Rate (Recent Estimates) |
|---|---|---|---|
| 15-24 | 19.7 | Highest Rate. This group has the highest probability of divorce nationally. | 20.6 per 1,000 married women (Refined Rate, 2022) |
| 25-34 | 16.3 | High rate, though declining for younger generations nationally. | (Consistently ranked in the top quartile of U.S. states for divorce) |
| 35-44 | 14.9 | Marriages that last the median duration often end in divorce for individuals in this age bracket. | 12.1 per 1,000 total population (Census marriage rate, 2022) |
| 45-54 | 14.1 | Rate is stable and lower than younger groups. | |
| 55-64 | 11.8 | Part of the “Gray Divorce” trend; the rate for this older group has risen significantly since 1990. | |
| 65 and older | 5.5 | Lowest rate, but the fastest-growing demographic for divorce since 1990. |
Divorce Rate in New Mexico in 2025
1. Higher Crude Divorce Rate: New Mexico’s divorce rate per 1,000 residents is above the national average, often ranking in the top 10–15 states. Economic stressors like lower median income and high poverty contribute to marital breakdown.
2. Dominant No-Fault Ground: Nearly all divorces are filed under no-fault “incompatibility,” even though fault-based grounds exist.
Because proving fault is so last century—why bother?
3. Fault is Mostly Irrelevant: Fault grounds (adultery, cruelty, abandonment) rarely affect property division or spousal support, making them mostly pointless to pursue.
4. Strict Community Property State: All assets and debts acquired during the marriage are presumed joint and are divided 50/50 upon divorce.
Sharing is caring… whether you like it or not.
5. Mandatory 30-Day Waiting Period: After serving the divorce petition, a 30-day minimum waiting period applies before the final decree can be signed—a brief “cooling-off” period.
6. Six-Month Residency Requirement: At least one spouse must have lived in New Mexico continuously for six months before filing for divorce.
Don’t rush things – move in first, divorce later.
7. Court Can Require Mediation: If spouses cannot agree on property or child custody, the court often mandates mediation (settlement facilitation) before trial.
Divorce Rate in New Mexico in 2024
1. Moderate Refined Divorce Rate: New Mexico’s refined divorce rate (per 1,000 married women) is in the second quartile of U.S. states, indicating moderate marital stability.
2. Pure No-Fault is Primary: Most divorces are filed under no-fault “incompatibility,” meaning the marriage is irretrievably broken.
Why bother proving fault when “we just don’t get along” works perfectly?
3. Six-Month Residency Requirement: To file, one spouse must have lived in New Mexico for at least six months and have a domicile in the state; military personnel stationed there also qualify.
4. No Mandatory Waiting Period: There’s no required wait between filing and finalization for uncontested cases, though a 30-day response period for the other spouse applies. Because who needs a cooling-off period when emotions are running high?
5. Community Property State: New Mexico divides all assets and debts acquired during marriage equally (50/50) upon divorce.
6. Separate Property is Excluded: Property owned before marriage or received as a gift/inheritance remains separate.
Congratulations, that lottery ticket you inherited is still yours.
7. No Common Law Marriage: Only legally married couples accumulate community property; cohabitation before marriage doesn’t count.
8. In-Home Separation is Legal: Spouses don’t have to live apart to file for divorce; the petition can be submitted while sharing a home.
Divorce Rate in New Mexico in 2023
1. Highest City Divorce Rate: Albuquerque has the highest percentage of divorced adults in the U.S., with 15.1% of adults divorced.
2. Crude Divorce Rate is High: New Mexico’s overall divorce rate is above the national average of roughly 2.5 per 1,000 residents.
Because apparently, the desert sun isn’t the only thing making people hot under the collar.
3. Strict Community Property State: All assets and debts acquired during marriage are divided 50/50.
4. Exception for Gambling Debt: Gambling debt remains the separate property of the spouse who incurred it.
Ah yes, your Vegas losses won’t be shared – lucky you!
5. Pure No-Fault is Primary: Most divorces are filed on no-fault grounds (“incompatibility”), making blame irrelevant to the outcome.
6. Fault Grounds Still Exist: Adultery, abandonment, and cruel treatment are recognized but rarely used; they may influence alimony or property division.
So, technically, you could blame your spouse – but why bother?
7. Mandatory Short Waiting Period: A minimum 30-day waiting period applies before the final decree can be issued.
8. Six-Month Residency Requirement: One spouse must have lived in New Mexico with intent to stay for at least six months before filing.