New Mexico Divorce
The following information is a resource on New Mexico divorce laws and related services. You can find divorce lawyers, separation and divorce forms, child support calculators, and more. In addition to the resources listed below, you can find more help and information in our divorce article section.
ProfessionalsDivorce LawyersPrivate Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersOnline DivorceDivorce and Separation Forms Divorce Form Preparation Family Law ResourcesDivorce LawsChild Support Guidelines New Mexico Child Support Calculator Child Support Enforcement |
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DIVORCE LAWYERS AND FIRMS
Garrett Law Firm
920 North Main Street,
Clovis, NM 88101-5931
Telephone: 505-762-4545
Fax: 505-762-7663
Email:
Our firm handles a full range of Family Law matters, including adoption, premarital agreements, contested and uncontested divorce, legal separation, establishment and modification of child support, establishment and modification of child custody and visitation, cohabitation and domestic partnership documents, and paternity. Licensed in both New Mexico & Texas Courts
Need a Divorce Lawyer?
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of New Mexico. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your New Mexico divorce today.
PRIVATE INVESTIGATORS
There are currently no private investigators for this state
BACKGROUND CHECKS
Instant Background Report - Find out date of birth and marital status, address history and aliases, criminal and court records, sex offender searches, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
Economic Empowerment For Women - BreakFreee.org is a non-profit organization offering free, unbiased, access to financial information and education to low to middle income women. Key features of the website include: Financial issues for divorcees, financial calculators, and a database of Frequently Asked Questions where you can submit questions and receive unbiased answers from financial planners.
60 West Olsen Road #3500
Thousand Oaks, CA 91360
Phone: 888-372-4155
Email:
DOMESTIC VIOLENCE RESOURCES
Domestic Violence Crisis AssistanceNew Mexico Shelters and Hotlines
Coalition Against Domestic Violence
SUMMARY OF NEW MEXICO DIVORCE LAWS
Complete Online Statutes - CHAPTER 40 Domestic AffairsRESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a dissolution of marriage, either party must have resided in this state for at least six months immediately preceding the date of the filing and have a domicile in New Mexico. Proceeding may be instituted in the county where either of the parties resides. [Based on NM Annotated Statutes 40-4-4 and 40-4-5]
LEGAL GROUNDS FOR DIVORCE: A divorce may be granted based on
the following grounds: a) incompatibility; b) cruel and inhuman treatment;
c) adultery; or d) abandonment. [Based on New Mexico Annotated Statutes
40-4-1]
LEGAL SEPARATION: Legal separation is recognized in NM. If a
husband and wife permanently separate, either may start proceedings in the
district court for the determination of property division, child custody and
support, or alimony. [Based on New Mexico Annotated Statutes 40-4-3]
SPECIAL DIVORCE PROCEDURES: If child custody is contested, the court may appoint a guardian ad litem to appear for and act as a representative for the minor children. The court shall also refer the case to mediation if feasible unless a party asserts or it appears to the court that domestic violence or child abuse has occurred. [Based on New Mexico Annotated Statutes 40-4-8]
PROPERTY DISTRIBUTION: New Mexico is a community property state, meaning that property and debts acquired during the marriage shall be split equally, unless the parties reach an agreement independent of a court ruling. Property which is not subject to division is considered separate property, and includes (1) property acquired by before marriage or after entry of a decree of dissolution of marriage; (2) property acquired after entry of a legal separation; (3) property which has been designated as separate property by a judgment or decree of any court having jurisdiction; (4) property acquired by either spouse by gift, bequest, devise or descent; and (5) property designated as separate property by a written agreement between the spouses, including a deed or other written agreement concerning property held by the spouses as joint tenants or tenants in common in which the property is designated as separate property. Any other property shall be considered community property and subject to division. [Based on NM Annotated Statutes 40-3-8]
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ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Spousal support may be awarded
on a rehabilitative, transitional, or indefinite basis. When making the
determination of spousal support, the court shall consider: (1) the age
and health of and the means of support for the respective spouses; (2) the
current and future earnings and the earning capacity of the respective spouses;
(3) the good-faith efforts of the respective spouses to maintain employment or
to become self-supporting; (4) the standard of living established during the
marriage, the maintenance of medical insurance for each spouse, and the
availability of life insurance on the person who is to pay support; (5) the
duration of the marriage; (6) the amount of the property awarded in the property
settlement and the type and nature of the respective spouses' assets and
liabilities; (7) any agreements entered into by the spouses in contemplation of
the dissolution of marriage or legal separation. [Based on New Mexico
Annotated Statutes 40-4-7]
SPOUSE'S NAME: Any resident of this state over the age of fourteen years may, upon petition to the district court in which the petitioner resides and upon filing the notice required with proof of publication, if no sufficient cause is shown to the contrary, have his or her name changed or established by order of the court. [Based on New Mexico Annotated Statutes 40-8-1]
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CHILD CUSTODY: When awarding custody, gender of the parent is not
be a determining factor. The courts hold that there shall be a
presumption that joint custody is in the best interests of a child,
but this does not imply an equal division of the child's time
between the parents or an equal division of financial responsibility
for the child.
When determining contested custody cases, the court determines custody in accordance with the best interests of the child, considering all relevant factors including, but not limited to: (1) the wishes of the child's parent or parents as to his custody; (2) the wishes of the child as to his custodian; (3) the interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child's best interest; (4) the child's adjustment to his home, school and community; and (5) the mental and physical health of all individuals involved.
If the minor is fourteen years of age or older, the court shall consider the desires of the minor as to with whom he wishes to live before awarding custody of such minor. [Based on New Mexico Annotated Statutes 40-4-9, 40-4-9.1]
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CHILD SUPPORT: New Mexico uses an "Income Shares" model to
determine the level of child support. This means that each
parent's income is divided by the total of both parents income to
determine the percentage of support that each parent is responsible
for. The total income from both parents determines the level
of support to be paid, based on the child support tables. For
detailed instructions, review the information contained in the
Child Support Guidelines.
Child support continues until the children's graduation from high school if the children are emancipated only by age, are under nineteen and are attending high school. Child support may provide for maintenance and education after high school of emancipated children pursuant to a written agreement between the parties. [Based on New Mexico Annotated Statutes 40-4-7 and 40-4-11.1]
PREMARITAL AGREEMENT: A premarital agreement must be in writing, signed by both parties and acknowledged. A premarital agreement may not adversely affect the right of a child or spouse to support, a party's right to child custody or visitation, a party's choice of abode or a party's freedom to pursue career opportunities. It is not enforceable if the party against whom enforcement is sought proves that: (1) that party did not execute the agreement voluntarily; or (2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party: [Based on New Mexico Annotated Statutes 40-3A-3 through 40-3A-5] » Return to top