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Divorce Laws in New Mexico

New Mexico gives strong preference to the wishes of the child when determining custody. If the child is 14 or older, he or she will decide custody, unless the choice is unreasonable.

Residency and jurisdiction in New Mexico
At least one spouse must live, or be stationed by the military, in New Mexico for at least six months before filing for divorce in New Mexico. Divorce can be filed in the county where either spouse lives.

Fault or no fault and grounds for divorce in New Mexico
New Mexico grants fault and no fault divorce. No fault divorce is allowed on the grounds of incompatibility.

Acceptable grounds for fault divorce are as follows:

  • Cruel and inhumane treatment
  • Adultery
  • Abandonment

Division of property in New Mexico
New Mexico is a community property State. Community property is divided in half between spouses. Each spouse keeps his and her separate property. Separate property includes property that meets any of the following conditions:

  • Acquired before marriage
  • Acquired after divorce decree
  • Declared separate property by a court order
  • Acquired by gift or inheritance
  • Designated as separate property by a written agreement between spouses

Spousal support in New Mexico
In New Mexico, property or a lump sum payment may be awarded in lieu of spousal support. Spousal support may be rehabilitative, temporary, or permanent. When determining spousal support the court must consider:

  • Length of marriage
  • Standard of living during the marriage
  • Cost of medical insurance
  • Need for life insurance to secure payments
  • Needs
  • Age and health
  • Means of support
  • Earning capacity
  • Effort to become self supporting
  • Property division
  • Assets and debts
  • Income produced by property
  • Any agreements between spouses

Child custody and support in New Mexico
When determining child custody, in New Mexico, the court must consider many factors. If the child is 14 years old or older, the child will decide custody when reasonable. If the child is under 14 years of age the court must consider:

  • Whishes of the parents
  • Wishes of the child
  • Child’s relationship with parents, siblings, and any other significant parties
  • Child’s adjustment to home, school, and community
  • Mental and physical health of everyone involved

New Mexico uses the Income Shares Model for calculating child support.

If you are considering or facing divorce in New Mexico, contact an experienced New Mexico divorce attorney today.

Click here to select from qualified New Mexico lawyers in your area.

Click on a link to find a Divorce Lawyer in that state.
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Disclaimer: Divorce law information contained throughout this page is intended to generally inform you about divorce law in New Mexico and introduce you to divorce lawyers throughout the U.S. The information regarding divorce and divorce law is not meant to be taken as legal advice. If you like to speak with an experienced divorce attorney, click on the link to your state to find an experienced divorce lawyer in your area for an initial consultation.
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