New Mexico Divorce
Information and FAQ
A judgement of dissolution of marriage may be granted in the
State of New Mexico on the following grounds:
1. Cruel and inhuman treatment; 2. Adultery; 3. Abandonment; 4.
Incompatibility due to discord or conflict of personalities such
that the legitimate ends of the marital relationship are destroyed
preventing any reasonable expectation of reconciliation. 40-4-1
Residency Requirements At least one of the parties to the
dissolution of marriage action must have been a resident of the
State of New Mexico for at least six months immediately prior to the
filing of the petition for divorce and must have a domicile in New
Mexico. 40-4-5
Name of court and title of action/parties An action for
dissolution of marriage is filed in the District Court. The title of
the action initiating the dissolution proceeding is a Petition for
Dissolution of Marriage, while the title of the action granting the
dissolution is referred to as the Decree of Dissolution of Marriage.
Where to File- Venue The petition for dissolution of marriage may be
filed in the county where either party resides. 40-4-4
Legal separation Whenever the husband and wife have permanently
separated and no longer live or cohabit together as husband and
wife, either may institute proceedings in the district court for a
division of property, disposition of children or alimony, without
asking for or obtaining in the proceedings, a dissolution of
marriage. 40-4-3.
Property Division Upon granting a decree of dissolution of
marriage, the court in New Mexico will set aside to each spouse that
party's separate property and distribute the community and quasi
community property among the parties and the court deems equitable
and just. 40-4-7 Alimony Either party to a dissolution action in New
Mexico may be ordered to pay alimony to the other spouse as the
court deems just and proper, after consideration of the following
factors:
1. The age, health and means of support of the parties; 2. The
current and future earnings and earning capacities of the parties;
3. The good faith efforts of the parties to maintain employment or
become self-supporting; 4. The reasonable needs of the parties; 5.
The duration of the marriage; 6. The amount of property awarded to
the respective parties; 7. The type and nature of the parties
respective assets and liabilities; 8. Income produced by property
owned by the parties; 9. Any marital agreements entered into by the
parties. 40-4-7
Arbitration/mediation The parties to a divorce action may
stipulate to binding arbitration, and mediation may be ordered by
the court in cases involving contested custody issues. 40-4-7.2,
40-4-8 Child custody The court will decide the issue of custody of
minor children according to the best interests of the child. Factors
the court will consider in determining the child's best interests
include:
1. The wishes of the child and the child's parents as to custody
arrangements; 2. The interaction and interrelationship of the child
with his parents, siblings, and any other person who may
significantly affect the child's best interests; 3. The child's
adjustment to his home, school and community; 4. The mental and
physical health of all parties.
A presumption exists that joint custody is in the child's best
interests.
Absent any orders to the contrary, both parents shall have equal
access to records pertaining to the child, such as medical, dental
or school. 40-4-9.1
Child support A rebuttable presumption exists that the amount of
support established by the enacted child support guidelines in the
correct amount of child support to be paid. Should the court deviate
from the amount established in the guidelines, the judgement must
contain a statement of the reasons for such deviation. Medical
insurance will also be included in any order of child support if
reasonably available to either party. 40-4-11.1, 11.2
Name change Any person may petition the court for a change of
name. The party seeking the change of name must publish in a
newspaper of the county in which the court resides notice of the
application for name change. 40-8-1, 2
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