The following information is to provide a basic understanding of the various aspects of New Mexico divorce.
for more specific information regarding New Mexico divorce laws.You can view the Statutes by clicking New Mexicon Statutes; Statutory Chapeters; Chapter 40.
Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.
|Residency Requirements ||6 months|
|Where to File ||
The county in which either spouse resides|
|Grounds for Divorce ||
On the petition of either party to a marriage, a district court may decree a dissolution of marriage on any of the following grounds:
- Cruel and inhuman treatment
|Voluntary or required mediation ||Yes|
|Voluntary or recommended Counseling||Yes|
|Property Distribution ||
New Mexico is a community property state. Separate property is retained by the owner, and all other community property in the marriage is distributed equitably. Marital conduct is not a consideration in equitable distribution. |
|Child Custody ||
In any case in which a judgment or decree will be entered awarding the custody of a minor, the district court shall, if the minor is under the age of fourteen, determine custody in accordance with the best interests of the child. The court shall consider all relevant factors including, but not limited to:
If the minor is fourteen years of age or older, the court shall consider the desires of the minor as to with whom he wishes to live before awarding custody of such minor.
- The wishes of the child's parent or parents as to his custody
- The wishes of the child as to his custodian
- The interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child's best interest
- The child's adjustment to his home, school and community
- The mental and physical health of all individuals involved
Whenever testimony is taken from the minor concerning his choice of custodian, the court shall hold a private hearing in his chambers. The judge shall have a court reporter in his chambers who shall transcribe the hearing; however, the court reporter shall not file a transcript unless an appeal is taken.
|Child Support ||In any action to establish or modify child support, the child support guidelines as set forth shall be applied to determine the child support due and shall be a rebuttable presumption for the amount of such child support. Every decree or judgment of child support that deviates from the guideline amount shall contain a statement of the reasons for the deviation.|
|Spousal Support ||Either spouse may be awarded a just and proper amount of maintenance, without regard to marital fault.|
On final hearing, the court may allow either party such a reasonable portion of the spouse's property or such a reasonable sum of money to be paid by either spouse either in a single sum or in installments, as spousal support as under the circumstances of the case may seem just and proper, including a court award of:
- Rehabilitative spousal support that provides the receiving spouse with education, training, work experience or other forms of rehabilitation that increases the receiving spouse's ability to earn income and become self-supporting. The court may include a specific rehabilitation plan with its award of rehabilitative spousal support and may condition continuation of the support upon compliance with that plan
- Transitional spousal support to supplement the income of the receiving spouse for a limited period of time; provided that the period shall be clearly stated in the court's final order
- Spousal support for an indefinite duration
- A single sum to be paid in one or more installments that specifies definite amounts, subject only to the death of the receiving spouse
- A single sum to be paid in one or more installments that specifies definite amounts, not subject to any contingencies, including the death of the receiving spouse