Download completed New Mexico divorce forms based upon the answers you provide in the online interview. We provide New Mexico State Approved downloadable New Mexico divorce kits, complete with divorce instructions, to allow you to obtain a divorce in New Mexico. Download your uncontested or no fault New Mexico divorce papers and eliminate any divorce attorney. Click the Start Now button and begin your online divorce today.
One of the spouses must have been a resident of New Mexico for at least six months immediately preceding the filing for dissolution of marriage and have a home in New Mexico. The dissolution of marriage may be filed in any county where either spouse resides. [New Mexico Statutes Annotated; Chapter 40, Article 4, Section 40-4-5].
There are mainly two reasons of divorce in New Mexico those are fault and general.In order to file for divorce in New Mexico, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.
No-fault reasons fordivorce in New Mexicoinclude:
General reasons fordivorce in New Mexicoinclude:
Joint or sole child custody is to be determined according to the best interests of the child. There is a presumption that joint custody is in the best interests of the child, unless shown otherwise. The factors for consideration in all custody situations are:
If a minor is 14 years old or older, the court may consider the wishes of the minor.
In addition, the factors that are considered in determining joint custody are as follows:
New Mexico is a “community property” state. Each spouse retains his or her separate property acquired prior to the marriage, designated as separate property by a written agreement, and any gifts or inheritances. New Mexico uses a “quasi-community” property definition: All property, except separate property, that a spouse acquires outside of New Mexico which would have been community property if they had acquired it in New Mexico. “Quasi-community” property is treated like standard community property. The spouse’s community property is to be divided equally between the spouses. Marital fault is not considered. There are no factors for consideration set out in the statute. [New Mexico Statutes Annotated; Chapter 40, Article 4, Sections 40-3-8 and 40-4-7].
Either spouse may be awarded a just and proper amount of maintenance, without regard to marital fault. The factors that the court will consider are:
Either parent may be ordered to provide child support, based on a consideration of the financial resources of that parent. Any welfare benefits are not considered. Specific child support guidelines and worksheets are provided. Separate worksheets are provided for determining child support amounts for parents with visitation and for parents with shared responsibility. Shared responsibility or joint custody is defined as each parent having the child in their home at least 35% of the time during a year. Child Support Guidelines are contained in New Mexico Statutes Annotated; Article 4, Section 40-4-11.1. These guidelines are presumed to be correct unless there is a showing that the amount of support would be unjust or inappropriate under the particular circumstances of a case, specifically:
A substantial hardship for either parent or the child may also justify an adjustment of the amount of the child support payment. The assignment and withholding of wages to secure the payment of child support payments may be ordered. [New Mexico Statutes Annotated; Chapter 27 Article 2, Sections 27-2-27 and Chapter 40, Article 4, Sections 40-4-7, 40-4-11, and 40-4-11.1].
There are provisions in New Mexico for the establishment of domestic relations mediation programs. If such programs have been established in the county where the dissolution of marriage is filed for, parents may request the use of such programs, or the court may order the parents to enter the program. [New Mexico Statutes Annotated; Chapter 40, Article 4, Section 40-12-5].START Your Divorce Process Now!
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Marital Settlement Agreement: You will get a complete settlement agreement that you and your spouse can agree to.
Free Name Change for Wives: Yes, you can get your old name back with our service.
FREE Parenting Plan: With our service you can create a parenting plan on line to be included in your documents.
FREE Child Support Calculator: Our online service helps you calculate child support payments if needed.
FREE Alimony Calculator: If spousal support is required, our site will allow you to make the right choices.
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