There are strict residency requirements for filing a divorce in New Mexico. With few exceptions, the time required is 6 months.
One exception is that the parties agreed to New Mexico court jurisdiction. This is not too uncommon. However, either party may dispute jurisdiction and they often do.
In cases where the divorce is contested, there are extremely few exceptions. Filing prematurely can be a trap for those whose divorce will be contested and the other party is unwilling to cooperate or otherwise refuses to relinquish jurisdiction to New Mexico. This may simply trigger the spouse to file in the home state which would then have automatic jurisdiction.
Collins & Collins, P.C, Albuquerque Attorneys, can be reached at (505) 242-5958