State Of New Mexico Divorce Laws

Divorce Law State Summary

Introduction

Divorce law in New Mexico offers residents a choice between no-fault and fault-based grounds for divorce. The option gives room for spouses choosing to dissolve their marriage without the unnecessary drama and chaos associated with fault-based divorces.

Before deciding whether to dissolve your marriage, it helps to be well-informed about the divorce process and the types of decisions you must make before filing for divorce.

Being informed and proactive in your approach to divorce will help you navigate the divorce process while reducing the stress and anxiety so often associated with going through the divorce process.

To help you understand your state’s divorce law and its legal framework, we have prepared this summary of New Mexico’s divorce law, which covers the following major divorce topics:

• New Mexico Residency Requirements
• Legal Grounds for Divorce in New Mexico
• Distribution of Marital Property in New Mexico
• Child Custody and Support in New Mexico
• Spousal Support in New Mexico
• Legal Separation in New Mexico
• Mediation
• Name Change

New Mexico Residency Requirements

The law requires that at least one spouse must meet the state’s residency requirements to file for divorce in New Mexico. Specifically, one spouse must have lived in New Mexico for at least six months immediately before filing for divorce.

Also, the divorce papers must be filed in a county where either spouse lives.

Legal Grounds for Divorce in New Mexico

In New Mexico, you can file under either the state’s no-fault or fault-based system.

No-Fault Grounds

This method is based on incompatibility between the spouses during the marriage, but without regard to attributing fault or blame for the marriage’s breakdown to either spouse.

In simple terms, incompatibility means the spouses cannot get along, and there is no reasonable hope for reconciliation. Presently, no-fault is the most common ground for divorce in New Mexico.

Fault-Based Grounds

The law in New Mexico also provides for a set of fault-based grounds for dissolving a marriage, some of which include:

• Adultery against spouse
• Abandonment of spouse
• Inhuman treatment of spouse
• Excessive and habitual use of alcohol or drugs

Distribution of Marital Property in New Mexico

Community Property

New Mexico follows community property principles for dividing marital assets.

Under community property laws, marital assets and debts acquired during the marriage will be divided equally between spouses.

Property acquired before the marriage or acquired by gift or inheritance remains separate and is not subject to division.

Exceptions to community property as marital property:

• The compensation received by one spouse resulting from a personal injury will be considered the injured spouse’s separate property.
• Property agreed to and designated as ‘separate’ in a legally valid prenuptial agreement will be governed by that agreement and, therefore, if agreed to, will be considered separate property.

When separate property is commingled with community property:

Separate property can be unintentionally converted into community property by commingling separate assets with community assets, such that distinguishing between these two types of assets is rendered indistinguishable.

For example, suppose one spouse’s separate funds are deposited into a joint bank account belonging to both spouses and then used to pay for a new piece of furniture. In that case, the property purchased from the joint account will likely be considered community property.

Child Custody and Support in New Mexico

Types of Child Custody:

In New Mexico, there are two types of child custody parents can be awarded in a divorce proceeding:

Legal Custody

Legal custody gives the parent legal authority to make important decisions about the child’s life, such as education, healthcare, and religious upbringing. New Mexico favors awarding joint legal custody, meaning both parents share these important responsibilities.

Physical Custody

Physical custody refers to where the child will be physically living. Physical custody can be sole custody, where the child lives primarily with one parent, or joint custody, where the child spends significant time with both parents.

Best Interests of the Child

New Mexico courts will focus on the child’s best interests when determining custody arrangements. The court will consider factors such as the quality of the child’s relationship with each parent, the child’s adjustment to home, school, and community, and each parent’s ability to provide for the child’s physical and emotional needs.

How Child Support Is Calculated

In most cases, the non-custodial parent will be ordered to pay child support to the custodial parent. Child support payments are intended to cover the child’s living expenses, education, and healthcare needs.

Child support in New Mexico is calculated based on the New Mexico Child Support Guidelines. These guidelines factor in the parents’ income, the number of children, and the parents’ custodial arrangement.

Determining child support also factors in other costs associated with the child’s particular needs and situation.

Modification of Child Support

Child support orders can be modified if circumstances significantly change, such as if one parent had a disabling injury resulting in a change in income or employment status or if there has been a substantial change related to the child’s needs.

Spousal Support in New Mexico

In New Mexico, spousal support, also known as alimony, is a financial arrangement in which the court may order one spouse to provide financial support to the other after the divorce.

Watch New Mexico attorney Mathew Logan Sanchez discuss interim spousal support:

How the Court Decides Spousal Support

When deciding spousal support, New Mexico courts have the discretion to consider factors such as:

• Duration of the marriage
• Financial resources and earning capacity of each spouse
• Standard of living established during the marriage
• Age and health of the spouses
• Contributions of each spouse during the marriage
• Education and employability of each spouse
• Which spouse has primary custodial of the children

Modifications and Termination of Spousal Support

Like child support, spousal support can be modified if circumstances between the parties significantly change regarding their income or employment status.

Legal Separation in New Mexico.

Separation Agreement

Legal separation in New Mexico permits couples to live separately while still married. The spouses can negotiate terms for property division, child custody, child support, and spousal support. This is usually referred to as a proposed separation agreement.

They can submit the agreement to the court for approval if the essential terms are agreed upon.

The couple remains legally married and cannot remarry unless they proceed with a divorce. Otherwise, a married couple can remain separated for as long as they mutually desire.

If the spouses cannot agree on the essential terms of the separation, the court may intervene to make decisions based on the best interests of the parties and any children involved.

Mediation Options

New Mexico divorce courts encourage mediation to resolve disputes between the parties rather than litigating them in court.

Mediation is a form of alternative dispute resolution in which a neutral third-party mediator acts as a facilitator to help the parties reach an agreement on various contested issues such as property division, child custody, and support.

Name Change

In New Mexico, it is common for a spouse to request from the court that their name be changed as part of the court’s divorce ruling.

The court will review the party’s request, which is usually granted unless there is a compelling reason not to do so.

Once the divorce decree is issued with the name change included, the party will be encouraged to update their name with various agencies and institutions. To do so, they must obtain certified copies of the divorce decree, which will serve as the official name change record.

Sources and References

Cornell Law Information Institute

New Mexico Courts and Divorce Law

Finalizing A New Mexico Divorce

The Cost of Divorce in New Mexico | DivorcerOnline.com

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