New Mexico State Divorce Law

In New Mexico, a Petition for Dissolution of Marriage must be filed in the District Court of the county in which the petitioner has had residence for 6 months or more.

New Mexico Grounds for Divorce

New Mexico residents have the option of filing either a no-fault or fault-based divorce.

Uncontested Divorce in New Mexico

An uncontested divorce normally takes place when the parties either file jointly, agree on all the pertinent points of a divorce settlement, or ignore the summons by a petitioner, thereby allowing a default divorce. These divorces are generally less complicated, costly, and time consuming.

Contested Divorce in New Mexico

When the parties in a divorce cannot agree on the crucial elements of the divorce, there may be claims and counterclaims that go on for some time. This contested divorce often requires the advice of a divorce attorney to expedite the process.

Annulment in New Mexico

There are legal parameters which couples must meet in order to have a legal marriage. If any of those requirements have not been met, either party may have grounds for an annulment, which basically makes the marriage void. The grounds for annulment in New Mexico include:

• Fraud
• Duress
• Mental incapacity, if it affects the marriage
• Physical disability, if it has an adverse affect on the marriage relationship
• Bigamy

No Fault Divorce in New Mexico

The only grounds for a no-fault divorce in New Mexico are incompatibility.

New Mexico Fault Divorce

New Mexico has a process for filing a fault-based divorce when these grounds are present:

• Cruelty
• Adultery
• Abandonment

New Mexico Divorce and Child Custody

Child Custody Laws

The best interests of the child is the highest priority in New Mexico custody awards. However, the courts consider additional factors, as well, such as:

• The parents’ wishes
• The child’s wishes
• The child’s relationships with their parents, siblings, and others who may affect the child’s well-being
• The child’s ability to adjust to a new home, school, and community
• The physical and mental health of all involved
• The child’s wishes, if they are 14 years old or older

Child Alimony

Child support may be ordered for either parent, based on their financial assets and resources. The court will use state child support guidelines and worksheets, although extenuating circumstances may cause them to adjust those amounts. Some of those circumstances may include:

• Any excessive medical, dental, or counselling needs of the child of more than $100.00 each year
• Any extra educational expenses
• Any extra expenses for travel and communication to facilitate child visitation
• Parents in New Mexico use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.

New Mexico Divorce Spousal Support

Spousal support may also be ordered by the court, based on the following considerations:

• The spouses’ age and medical condition
• The spouses’ current and future income and earning capacity
• The reasonable needs of the spouses based on their prior standard of living during the marriage, the cost of retaining health insurance, the need for life insurance, and more
• The length of the marriage
• The property award
• The spouses’ assets, not including property unless its sale is absolutely necessary
• The spouses’ obligations
• Any income producing assets
• Any prior agreements between the spouses

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in New Mexico

Spouses in the military are protected by New Mexico law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From a New Mexico Divorce Lawyer

For many people, the divorce process is emotionally charged and stressful, even if the parties can file for a no-fault, uncontested divorce. But even more so if there are conflicts over elements such as child custody, support, property, and more. There is a great need for legal advice that is unemotional and based on the facts of the case. That is the kind of advice a skilled and experienced divorce attorney can provide, guiding their client through this difficult process and representing their case effectively to the court.