New Mexico Divorce Laws
To file for divorce in New Mexico, the petitioner who files the complaint or the respondent must reside in the state for a certain period of time to meet the residency requirements. The Petition for Dissolution of Marriage is filed in the district court where either party lives; the final document is called the Decree of Dissolution of Marriage. A no-fault divorce in New Mexico can be filed on the grounds of incompatibility with no chance of reconciliation. The grounds for a fault divorce include: adultery; cruel treatment; or abandonment by one spouse to another. A legal separation may also be requested based upon the same grounds as divorce.
The court will recognize premarital agreements if they are valid and legal. Both parties must have signed the agreement voluntarily and will full understanding of the document. Issues that most premarital agreements address include:
the division of property, including either party’s right to sell, buy, or lease marital property
the presence or absence of alimony
the rights to retirement benefits or life insurance
and any other legal technicality.
Premarital agreements do not typically address child custody or child support issues and cannot adversely affect either parent’s rights to the minor child.
After a divorce is finalized, either party may request a name change, such as a wife’s desire to return to her maiden name. A child over a certain age of maturity can also request a name change.
New Mexico Divorce Laws & Property
New Mexico is a community property state, which means that marital property is distributed equally in half to both spouses, unless the parties agree to a different type of distribution. Separate property that can remain with its original owner can include: property acquired before the marriage through purchase, gift, or inheritance; property acquired after divorce proceedings began; or property that was legally established as separate property.
New Mexico Divorce Laws & Alimony
Spousal support may be awarded on a temporary, rehabilitative, or permanent basis. The court will consider many factors when awarding alimony, including: the duration of the marriage and the standard of living established; the age and health of both parties; the ability of the supported party to find employment and whether he or she will need vocational training or education; the good faith effort of the supported party to become financially independent; the ability of the supporting party to provide for him or herself while also paying alimony; the earning potential of both spouses; the availability of health insurance and life insurance for both parties; and the property awards from the divorce.
New Mexico Divorce Laws & Child Custody
The court will not use gender discrimination when determining child support. They will make decisions based upon the best interest of the child. Joint custody will be considered, but this does not guarantee equal amounts of time with the child or equal financial responsibility for the child. Physical custody is where the child actually lives, while legal custody is the right of both parents to make decisions about major events in the child’s life such as education or religion. When awarding custody, the court will consider:
the wishes of the parents
the history of time spent with the child by both parents
the wishes of the child if the child is mature enough to express an opinion
the physical and mental health of all involved individuals
the relationship of the child to siblings or other family members
the adjustment of the child to his or her home, school, and community and how custody arrangements will affect his or her daily life
and any history or evidence of abuse or violence.
If custody is contested by either party, the court may appoint a guardian to act in the best interest of the child and represent their legal interests. A case of contested child custody will usually be referred to mediation to determine final custody arrangements.
New Mexico Divorce Laws & Child Support
Child support is calculated in New Mexico by using an income shares model. The incomes of both parents are added and then divided proportionally to determine their level of financial responsibility. The court may follow state guidelines that have been established to create adequate and equitable standards of support.
The court may also choose to make alterations to the child support award based upon many factors, including: any changes in financial resources for either parent; the ability of the parents to provide for the child; any special needs of the child that result in extra expenses; and any transportation costs associated with shared custody. In New Mexico, there are no legal statutes that hold a parent responsible for child support when a child attends college.
