Notes: This summary is not intended to be an all inclusive summary of the laws of dissolution of marriage in New Mexico, but does contain basic and other provisions.
Grounds
A judgement of dissolution of marriage may be granted in the State
of New Mexico on the following grounds:
1. Cruel and inhuman treatment;
2. Adultery;
3. Abandonment;
4. Incompatibility due to discord or conflict
of personalities such that the legitimate ends of the marital relationship
are destroyed preventing any reasonable expectation of reconciliation.
40-4-1
Residency Requirements
At least one of the parties to the dissolution of marriage action
must have been a resident of the State of New Mexico for at least six months
immediately prior to the filing of the petition for divorce and must have
a domicile in New Mexico. 40-4-5
Name of court and title of action/parties
An action for dissolution of marriage is filed in the District
Court. The title of the action initiating the dissolution proceeding
is a Petition for Dissolution of Marriage, while the title of the action
granting the dissolution is referred to as the Decree of Dissolution of
Marriage.
Where to File- Venue
The petition for dissolution of marriage may be filed in the county
where either party resides. 40-4-4
Legal separation
Whenever the husband and wife have permanently separated and no
longer live or cohabit together as husband and wife, either may institute
proceedings in the district court for a division of property, disposition
of children or alimony, without asking for or obtaining in the proceedings,
a dissolution of marriage. 40-4-3.
Property Division
Upon granting a decree of dissolution of marriage, the court in
New Mexico will set aside to each spouse that party's separate property
and distribute the community and quasi community property among the parties
and the court deems equitable and just. 40-4-7
Alimony
Either party to a dissolution action in New Mexico may be ordered
to pay alimony to the other spouse as the court deems just and proper,
after consideration of the following factors:
1. The age, health and means of support
of the parties;
2. The current and future earnings and earning
capacities of the parties;
3. The good faith efforts of the parties to maintain
employment or become self-supporting;
4. The reasonable needs of the parties;
5. The duration of the marriage;
6. The amount of property awarded to the respective
parties;
7. The type and nature of the parties respective
assets and liabilities;
8. Income produced by property owned by the parties;
9. Any marital agreements entered into by the
parties. 40-4-7
Arbitration/mediation
The parties to a divorce action may stipulate to binding arbitration,
and mediation may be ordered by the court in cases involving contested
custody issues. 40-4-7.2, 40-4-8
Child custody
The court will decide the issue of custody of minor children according
to the best interests of the child. Factors the court will consider
in determining the child's best interests include:
1. The wishes of the child and the child's parents
as to custody arrangements;
2. The interaction and interrelationship of the
child with his parents, siblings, and any other person who may significantly
affect the child's best interests;
3. The child's adjustment to his home, school
and community;
4. The mental and physical health of all parties.
A presumption exists that joint custody is in the child's best interests.
Absent any orders to the contrary, both parents shall have equal
access to records pertaining to the child, such as medical, dental or school.
40-4-9.1
Child support
A rebuttable presumption exists that the amount of support established
by the enacted child support guidelines in the correct amount of child
support to be paid. Should the court deviate from the amount established
in the guidelines, the judgement must contain a statement of the reasons
for such deviation.
Medical insurance will also be included in any order of child support
if reasonably available to either party. 40-4-11.1, 11.2
Name change
Any person may petition the court for a change of name. The
party seeking the change of name must publish in a newspaper of the county
in which the court resides notice of the application for name change. 40-8-1,
2
No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for people with Minor Children
No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts
No-Fault Uncontested Agreed Divorce Package for Dissolution of Marriage with Adult Children and with or without Property and Debts
