Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.
In New Mexico, adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. While adultery can be a significant factor in the breakdown of a marriage, New Mexico is a no-fault divorce state. This means that the courts do not consider marital misconduct, such as adultery, when granting a divorce. Instead, a divorce can be granted on the grounds that the marriage is irretrievably broken. As a no-fault state, New Mexico does not allow for adultery to be used as a factor in determining the division of assets or property. The state's approach to divorce focuses on equitable distribution, which aims to divide marital assets fairly, though not necessarily equally, without regard to marital misconduct.