Sunday, April 17, 2011

New Mexico divorce laws


To file for a dissolution of marriage, both parties must have resided in this State for at least six months immediately preceding the date of deposit and have a domicile in New Mexico. Proceedings may be instituted in the county where either party resides. [Based on the New Mexico statutes annotated, 40-4-4 and 40-4-5]


A divorce may be granted based on the following grounds:

Incompatibility, cruel and inhuman. Abandonment of adultery

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


Legal separation is recognized in NM. If a husband and wife separated permanently, or may initiate proceedings at the 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's contested custody, the Court may appoint a guardian ad litem to appear and act as a representative for the children. The Court also remits the case to mediation wherever practicable unless a party claims or appears to the Court that domestic violence has occurred or child abuse. [Based on the New Mexico statutes annotated, 40-4-8]


New Mexico is a State community property, which means that properties and debts accrued during the marriage shall be divided equally, unless the parties to reach an agreement independent of a judgment of the Court. Property that is not subject to Division is considered to be separate property and includes:

Property acquired before marriage or after the entry of a decree of dissolution of marriage. Assets acquired after the entry of a legal separation. Property that has been designated as a 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 regarding property held by the spouses as joint tenants or tenants in common property is designated as a separate property. Any other property must be considered community property and subject to Division.

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


Spousal support may be awarded on the basis of rehabilitation, transitional or undefined. When you make the determination of spousal support, the Court takes into account:

The age and health and the means of support for their respective spouses. Current and future earnings and earning capacity of their respective spouses. The good faith efforts of their respective spouses to retain employment or to become self-sufficient. The standard of living established during the marriage, the maintenance of medical insurance for each of the spouses and the availability of life insurance, the person who is to pay support. The length of the marriage. The amount of the property given in the settlement of property and the type and nature of the assets and liabilities of the respective spouses. Any agreements concluded by the spouses in contemplation of the dissolution of marriage or legal separation.

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


Every resident of this State over the age of fourteen years may, upon petition to the Court in which the applicant resides and on filing notice required with proof of publication, if no sufficient cause is shown to the contrary, to have its name changed or established by court order. [Based on the New Mexico statutes annotated, 40-8-1]


In the award of custody, the father is not be a determining factor. The courts held that there shall be a rebuttable presumption that joint custody is in the best interest of a child, but this does not imply an equitable allocation of time between the child's parents or an equitable sharing of financial responsibility for the child.

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

The will of the father of the child or parents as to his custody. The wishes of the child as his guardian. The interaction and interrelationship of the child with his parents, brothers, and any other person who can significantly affect the best interests of the child. Adjustment of the child to his home, school and community; and (5) the physical and mental health of all individuals involved. If the minor is over 14 years of age, the Court will consider the wishes of the child as to with whom he wants to live before assigning custody of such minor.

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


New Mexico uses a model of "income shares" to determine the level of maintenance of children. This means that the income of each parent is divided by the total income of both parents to determine the percentage of support that each parent is responsible. The total income 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 guidelines of the child's support of New Mexico.

Child support continues until graduation from high school the children if the children are treated only by age, are under the age of nineteen and attend high school. Child support may provide for the maintenance and education after high school of emancipated children under a written agreement between the parties. [Based on the New Mexico statutes annotated, 40-4-7 and 11.40-4-1]


A prenuptial agreement must be in writing signed by both parties and recognized. A prenuptial agreement cannot adversely affect the right of a child or a spouse, a child's right to custody or visitation, choosing a part of freedom of residence or of a part to pursue career opportunities. Is not applicable if the party against whom enforcement is sought shows that:

That party has not been executed the agreement voluntarily. The agreement was inconceivable, when it was performed and, prior to executing the agreement, that party:

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

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