How long do I have to live in New Mexico to file for a legal separation or a divorce?
At least one party must live in New Mexico for six months before filing for divorce. That six-month prerequisite does not apply to filing for legal separation. It is possible to move to New Mexico, start a legal separation, and after six months convert the case to a divorce. However, if children are involved, the children must live in New Mexico for at least six months before the court has jurisdiction to decide custody, timesharing, and child support.
