Divorce Guide to New Mexico

Divorce Guide to New Mexico

A woman's guide to getting a divorce in New Mexico

Posted to Resources by First Wives World on Mon, 08/23/2010 - 5:00pm

NEW MEXICO DIVORCE LAWS:

The Residency Requirement: One of the spouses must have been a resident of New Mexico for at least six months immediately preceding the filing, and have a home in New Mexico.

Grounds: No Fault: Incompatibility. Fault: Cruel and inhuman treatment; Adultery; Abandonment.

Property Division: New Mexico is a community-property state. This means each spouse retains the property he or she acquired before the marriage. Property acquired during the marriage is “community property,” and is divided equally between the parties (click the following for an expert's overview and key tips on dividing up property and assets through divorce).

Alimony: Either spouse may be awarded alimony, based on consideration of 11 factors: Duration of the marriage; Spouses’ current and future earning capacities; Good faith efforts to maintain employment or become self-supporting; Needs and obligations of each spouse; Age and health of each spouse; Amount of property each spouse owns; Standard of living during the marriage, medical and life insurance maintained during the marriage, assets of the spouses, each spouse’s liabilities, any marital settlement agreements.

Child custody and support: As in all states, child custody is determined by “the best interests of the child.” In New Mexico, there is a presumption that joint custody is in the best interests of the child.  The court may award joint custody upon consideration of such things as:

• The child’s relationship with each parent
• If parents are able to provide adequate care, including arranging child care
• The distance between spouses’ homes
• Any evidence of domestic abuse
• The willingness of parents to allow each other privacy and their parental rights
• The ability to communicate and cooperate on issues concerning the child’s needs.

Decisions about sole custody will be based on, among other things:

• The wishes of the parents and child
• The child’s interaction with others in the home
• The child’s adjustment to home, school and community
• The physical and mental health of everyone involved.

New Mexico child-support guidelines are based on the income shares model: the total obligation is divided between the mother and father according to their incomes.

To help you figure out child support in your case, you can go to: http://www.hsd.state.nm.us/csed/guidelines.html

(click the following for an expert's overview and list of articles on child custody and child support).

 

Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.