Divorce Laws in New Mexico

According to New Mexico divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the statement of incompatibility. Fault grounds can include, but is not limited to, adultery, abandonment and cruel and inhumane treatment. Additionally, one of the spouses must have been a resident in the state of New Mexico for six months prior to filing for divorce in NM.

Alimony & Community Property in New Mexico

New Mexico is known as a community property state. According to the divorce laws in New Mexico this means that the marital property, or community property, must be divided equally. Separate property shall be retained by the owning spouse.

Alimony can be awarded to either the husband or wife. Such factors as the length of the marriage, the parties’ prior living standard, etc. are considered in determining the amount and duration that should be paid. Marital fault may not be taken into account in this decision.

New Mexico Child Support, Child Visitation and Child Custody

The main focus in determining child custody, according to New Mexico divorce law, is the best interest of the children. However, under NM divorce laws, there is the assumption that joint custody is the best custody. Visitation rights within reason are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parents’ income paid to assist with the support of his children) is determined by the Income Shares model, based on the gross income of both parents as set forth by divorce law in New Mexico.