Grounds for Divorce
In New Mexico, the grounds for divorce is “incompatibility”, which the statute defines as a situation “which exists, because of discord or conflict of personalities, the legitimate ends of the marriage relationship are destroyed preventing any reasonable expectation of reconciliation”. You do not have to live apart before or during the divorce case, but generally there comes a point in time when it is too uncomfortable to continue to live under the same roof.
Incompatibility is also referred to as a “no fault” divorce grounds. Nobody has to prove you no longer get along. The Petitioner (the person who files to open the divorce case with the court) just has to state, in essence, “I want a divorce on the grounds of incompatibility”.
There are still three “fault” grounds on the law books, but I have not seen a divorce go through on such grounds in over 20 years in practice. Trying to prove fault grounds doesn’t change any of the other laws about property and debt, alimony, and the children – it just makes the divorce more complicated, expensive, time-consuming and emotionally draining.