Divorce Laws in New Mexico

New Mexico Divorce Laws: 

The divorce rate in New Mexico is on the rise, currently at 4.6% per 1,000 of the state’s population. If you’re considering divorce in New Mexico, it’s important to understand the grounds for divorce and how the process works.

Grounds for Divorce in New Mexico

Under New Mexico family law, there are both no-fault and fault grounds for divorce. No-fault divorce is granted when there is incompatibility between spouses and the marriage relationship is irretrievably broken. Fault divorce is granted when one spouse can prove that the other has caused harm to the marriage relationship.

No-Fault Divorce Grounds in New Mexico

The sole no-fault ground for divorce in New Mexico is incompatibility. This means that the marriage relationship is irretrievably broken due to conflicts of personality or other issues, and there is no reasonable expectation of reconciliation. If you’re seeking a no-fault divorce in New Mexico, you must provide sufficient evidence to prove incompatibility.

Fault Divorce Grounds in New Mexico

If you’re seeking a fault divorce in New Mexico, there are three grounds you can use:

• Adultery: If your spouse has had a sexual relationship with someone other than you, you may be able to obtain a divorce on the grounds of adultery. However, you must provide substantial proof to the court.
• Cruel and Inhuman Treatment: If your spouse has been physically or emotionally abusive towards you, you may be able to obtain a divorce on the grounds of cruel and inhuman treatment.
• Abandonment: If your spouse has abandoned you for a period of at least three months despite your loyalty and care, you may be able to obtain a divorce on the grounds of abandonment.

Annulment in New Mexico

Annulment is not a popular option in New Mexico, as it is similar to divorce but has more limited legal effects. Annulment is usually sought for religious reasons and may not be granted if certain awards or benefits are at stake. If you’re considering annulment, it’s important to consult with a professional attorney to understand the legal implications.

Understanding the grounds for divorce in New Mexico is crucial if you’re considering ending your marriage. Contact a professional divorce attorney or lawyer for detailed information and guidance.

New Mexico Divorce Laws: What You Need to Know

Divorce can be a difficult and emotional process, but understanding the laws and requirements can make it a little easier. If you’re considering a divorce in New Mexico, here’s what you need to know:

• Residency: To file for a dissolution of marriage in New Mexico, you or your spouse must have lived in the state for at least six months before filing. This means establishing a domicile in New Mexico, and for military personnel, continuously residing in a military base for six months.
• Documents: The essential documents needed to start and finalize a divorce in New Mexico are a Petition for Dissolution of Marriage and a Decree of Dissolution of Marriage. These documents will be used to decide issues such as distribution of property and child custody.
• Property: New Mexico is a “Community Property” state, meaning that community assets will be divided equally by the District Court if the spouses are unable to reach an agreement. However, property owned by either spouse before the marriage will be divided as the marriage bond is broken.
• Name Change: After the final hearing for dissolution, any resident of New Mexico over the age of fourteen may request the court to restore their previous name.
• Mediation: In some cases, the New Mexico divorce court may order mediation counseling if both spouses are unable to come to a solution. This is to help both parties review their decision before finalizing the divorce.
• Alimony: Support payments in New Mexico differ from case to case, and both parties are allowed to reach a solution in deciding property and debt issues. If they are unable to reach an agreement, the New Mexico divorce courts will order support.
• Child Custody: The court makes a custody decision with the best interests of the children in mind, and takes into consideration the wishes of the child if they are fourteen years of age or older. This helps ensure that the child’s needs are met after the divorce.
• Child Support: Specific child support guidelines and worksheets are outlined in New Mexico divorce laws. One parent may be asked to provide child support, and shared responsibility or joint custody is defined as each parent having the child in their home for at least 35% of the time during a year.

Divorce can be a challenging process, but understanding the laws and requirements in New Mexico can help make it easier. If you need more information, contact a professional divorce attorney or lawyer for comprehensive guidance.