Top 5 New Mexico Divorce Laws

The top 5 things everyone should know about New Mexico divorce laws.

New Mexico

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. New Mexico divorce laws are clear in that the dissolution of marriage may be filed in any county where either spouse resides.

There are mainly two reasons of divorce in New Mexico those are fault and general. In order to file for divorce, New Mexico divorce law mandates that 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.

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, ex¬cept 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 com¬munity property. New Mexico divorce laws state that the spouse’s community property is to be divided equally between the spouses. Marital fault plays no role in property settlement.

Either parent may be ordered to provide child support, based on a consideration of the financial resources of that parent. 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.

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.

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