Monday, January 31, 2011

New Mexico divorce laws


File for a dissolution of marriage, both sides must have resided in this State for at least six months immediately preceding the filing date and have a domicile in New Mexico. Proceedings may be instituted in the county where a party is located. [Based on the New Mexico statutes annotated 40-4-4-40-4-5]


A divorce can be granted on the basis of the following reasons:

Incompatibility cruel and inhuman treatment. Abandonment of adultery

[Based on the New Mexico statutes annotated 40-4-1]


Legal separation is recognized in NM. If a husband and wife finally separated, nor may initiate proceedings in District Court for the determination of property Division, child custody and support, or alimony. [Based on the New Mexico statutes annotated 40-4-3]


If it is contested custody of children, the Court may appoint a guardian ad litem to appear for and act as a representative for minor children. The Court also shall refer the case to mediation if feasible unless a party claims or appears to the Court that domestic violence or child abuse. [Based on the New Mexico statutes annotated 40-4-8]


New Mexico is a State of the community's property, that property and debts acquired during marriage shall be divided equally, unless the parties agree to an independent judgment of the Court. Property that is not subject to Division is considered to be separate property and includes:

Property acquired before the marriage or after the entry of a decree of dissolution of the marriage. Property acquired after entry of a legal separation. Property that has been designated as separate property of a judgment or decree of any court having jurisdiction. Property acquired by spouses by gift, bequest, devise or descent. Properties designated as separate property by a written agreement between the spouses, including an act or other written agreement relating to the property held by the spouses as joint tenants or tenants in common, in which the property is designated as a separate property. Any other property must be regarded as Community property and subject to Division.

[Based on the New Mexico statutes annotated, 40-3-8]


Spousal support may be granted on the basis of transitional or rehabilitative, indefinitely. When you make the determination of spousal support, the Court shall consider:

The age and health and the livelihoods for their spouses. Current and future earnings and the earning capacity of the respective spouses. The good faith efforts of the respective spouses to maintain employment or to become self-sufficient. The standard of living established during the marriage, the maintenance of medical insurance for each spouse and the availability of life assurance, the person who is to provide assistance. The duration of the marriage. The amount of the won the settlement of the property and the type and nature of the assets and liabilities of the respective spouses. Any agreements signed by the spouses in contemplation of the dissolution of marriage or legal separation.

[Based on the New Mexico statutes annotated 40-4-7]


Any resident in the State over the age of 14 years may, upon petition to the Court of the district in which the claimant resides and on deposit notice required with proof of publication, if no sufficient case is proved to the contrary, have its name changed or established by order of the Court. [Based on the New Mexico statutes annotated 40-8-1]


In the attribution of custody, the kind of father is not a determining factor. The courts hold that there shall be a rebuttable presumption that joint custody is in the best interests of the child, but this does not imply a fair distribution of the time of the child between parents or an equitable allocation of financial responsibility for the child.

When determining contested custody cases, the Court determines custody in accordance with the best interests of the child, considering all relevant factors, including, but not limited to:

The will of the father of the child or the parents as to his custody. The wishes of the child as his guardian. Interaction and interrelation of child with his parents, his brothers and any other person that may significantly affect the child's best interests. Adjustment of the child to his home, school and community; and (5) the physical and mental health of all people involved. If the child is fourteen years of age, the Court will consider the wishes of the child as to who wants to live before assigning the custody of such children.

[Based on the New Mexico statutes annotated 40-4-9, 40-4-9.1]


New Mexico uses a model of "trading income" in determining the level of child support. This means that every parent's income is divided by the total income of both parents to determine the percentage of support that each parent is responsible. The total revenue from both parents determines the level of support to be paid, based on the child support tables. For detailed instructions, refer to the information contained in the New Mexico child support guidelines.

Child support continues until graduation from high school children if children are treated only by age, are under nineteen years and are attending school. Child support may provide for the maintenance and education after school children emancipated under a written agreement between the parties. [Based on the New Mexico statutes annotated 40-4-7 and 40-4-11.1]


A premarital agreement must be in writing, signed by both parties and acknowledged. A premarital agreement cannot affect the right of a spouse or child support, a right to child custody or visitation, choosing a party stay or liberty of a party to pursue career opportunities. Does not apply if the party against whom enforcement is sought fails to demonstrate that:

This party has not been executed the agreement voluntarily. The agreement was unconscionable if, before the execution of the agreement, that party:

[Based on the New Mexico statutes annotated, 40-3-3-5 through 40-3A]

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