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Laws & Courts:
New Mexico Law - state statutes. Chapter 40, from Lexis Law Publishing.
New Mexico Child Support
Child Support Profile - profile the state\'s child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding,
paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement\'s "Interstate Roster and Referral Guide." Child Support Enforcement Division - answers to frequently asked questions, directory of state offices, news and Information from the New Mexico Human Services Department. Guidelines - child support guidelines and schedule of payment amounts.
Additional Resources:
State Bar of New Mexico - public information pamphlets and resources, court and legal news from the State Bar. Children's Rights Council - national nonprofit organization based in Washington, DC that works to assure children meaningful and continuing contact with both their parents and extended family regardless of the parents\' marital status.
DADS (Dads Against Discrimination) of New Mexico
Pat Chandler, Director
12301 Manitoba NE
Albuquerque, NM 87111
(505) 299-2673
Legal overview Divorce in New Mexico requires that you have been resident for at least 6 months. There is only one no-fault ground upon which to obtain a divorce in New Mexico and that is a divorce based on irretrievable breakdown of the marriage. Read our detailed legal summary of New Mexico including grounds, residency, child custody, child support, alimony, mediation, property, settlement agreements, and annulments.
Residency
If you seek to file a divorce in New Mexico, it is important to be aware of the residency requirements prior to filing for your divorce. In order to file for divorce you must have been a resident for at least 6 months. The papers for dissolution of marriage must also be filed in a county where either of the spouses resides.
Grounds
The only approved no-fault ground available to those seeking a divorce is based on irretrievable breakdown of the marriage (irreconcilable differences). A divorce based on irretrievable breakdown of the marriage can mean a multitude of things, but ultimately it means that there is no reasonable hope that the marriage can continue. The court may approve or reject a marital settlement agreement of the spouses. Standard financial disclosure forms may be required to be filed. The three additional grounds that a party may seek a divorce which are based on assignment of fault are: abandonment; adultery; and cruel and inhuman treatment.
To receive a court-approved divorce it is not necessary to show that either one of the parties was at fault in the decline of the marriage. The only thing that is necessary to prove is that there has been a breakdown in the marital relationship to the extent that the objects and goals of marriage have been destroyed and that no reasonable possibility remains that the marriage can be saved.
The assignment of fault may make a difference in terms of a court's final determination of the division of property. If one party is determined to be at fault for the breakdown of the marriage, then the court may award the other party more property.
Mediation
After a motion for divorce is filed a judge may determine that there is a chance of reconciliation and may order mandatory mediation for the spouses. Also one of the spouses may tell the court they think things can be worked out and may ask the court to have a hearing to see if the marriage is truly irretrievable. If the court concludes that there is a chance for the marriage to be repaired and there are minor children, the court may delay the proceedings for an attempt at reconciliation.
Annulments
Unlike a divorce that dissolves a valid marriage, an annulment is a legal decree that a marriage is void. In addition, an annulment proceeding can resolve some of the same issues that would be the subject of a divorce proceeding, such as child custody and support and alimony. Annulments are granted only in limited situations and cannot be granted merely because the marriage is of short duration. They are normally not granted for "religious" reasons.
Property
New Mexico is a community property state. Each party is presumed to have a one-half interest in property, both real (land) and personal (stocks, bank accounts, bonds, etc.) acquired during marriage. The law requires both parties to make a complete disclosure of all assets and to account for any assets disposed of during the separation. Property acquired after separation and before divorce is also community property.
Property owned prior to marriage, inherited during the marriage, or received by gift during marriage is not community property but separate property.
The division of personal property (personal effects) is subject to great misunderstanding and disagreement. Each party is entitled to his or her own personal belongings such as clothing, jewelry and personal effects. When you believe the separation is going to be permanent, it is wise to have the personal property divided and exchanged. Failure to do so may lead to misunderstandings over destroyed, damaged or misplaced items.
Both husband and wife are liable for community debts incurred during the marriage by the community. A community debt may be incurred with the signature of only ONE of the spouses. A separate debt is formed during marriage when the creditor has actual knowledge before the transaction that the debt is a separate debt.
The parties may agree as to the allocation of responsibility for the debts or the court will allocate them in accordance with law. However, creditors may not be bound by the parties' or courts' allocation of responsibility, and may choose to attempt to seek payment from the former spouse in event of default. You should supply your attorney with a complete and accurate list of all obligations.
Alimony
Due to increasing changes in the law and in society, including changes in sexual equality, this area of the law of divorce is in the process of great change. Under recent changes in the law, the fault of a spouse in causing a divorce may not be a complete bar to obtaining spousal support, but the cause of separation will be a factor that the court will consider in determining whether or not to award spousal support. Spousal support, when awarded, may be periodic and/or in a lump sum, the amount of which depends upon such factors as the respective ages, assets and earning potential of the parties and the duration and history during the marriage. Spouse support is not awarded to punish a guilty spouse but rather is to lessen the financial impact of divorce on the other spouse.
Child Custody
This is the most crucial issue in most divorces. In determining the custody of minor (under eighteen) children, the court is guided by one standard--the best interests of the child. Custody will not be given to a parent as a reward or as punishment to the guilty parent but rather to the one most adaptable to the task of caring for the child and able to control and direct the child.
Other factors considered may include the age of the parent and child, the physical and mental condition of the parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live and the child's wishes if the child is of sufficient age, intelligence and maturity to make such a decision. Custody may be changed if there is a marital change in circumstances.
The court will normally set visitation rights if the parents cannot voluntarily agree upon satisfactory arrangements. An important factor to the court in most custody cases is which parent will be the most likely to see to it that the non-custodial parent remains a strong part of the child or children's lives.
Child Support
Normally the party not having custody will be called upon to contribute to the support of the minor child. This could be an obligation of the mother as well as the father, or both, if a third person has custody of the child. The court is guided by the needs of the child and the ability of the supporting parent or parents to pay. The use of the state Child Support Guidelines provides an amount of child support that is presumed to be correct, but the court may deviate from these guidelines in appropriate circumstances. The award is subject to change so long as the obligation to support remains. It may be increased or decreased if a material change occurs in the circumstances of either or both of the parents of the child.
Settlement Agreement
A settlement agreement is a written contract between the parties that sets forth their rights, duties and obligations that arise out of their separation and divorce and may include such things as the division of their property, spousal support, attorney's fees, custody of their children and child support. Such agreements are encouraged since they may amicably settle the rights of the husband and wife in the estate and property of the other.
