New Mexico Divorce Law

Complete Overview of of the New Mexico Divorce Laws

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Important New Mexico Divorce Guidelines to File for a Divorce

New Mexico Residency Requirements For Divorce

Residency requirements stipulate that to file for a divorce in New Mexico either spouse must have been a legal resident of new Mexico for at least six months before the filing.

Grounds For Divorce In New Mexico

Recognized grounds for a no-fault divorce are:

  • incompatibility such that the legitimate ends of the marriage relationship have been destroyed with no reasonable expectation of reconciliation.

Recognized grounds for a fault based divorce are:

  • adultery;
  • abandonment;
  • cruel and inhuman treatment.
New Mexico Child Custody

New Mexico child custody laws always aim to take the best interests of the child in mind when making a decision. The courts tend to favor joint legal custody as it allows for both parents to be involved in the important decisions concerning the child. When and if the parents are unable to agree on a custody agreement the courts will suggest a period of mediation for the parents. If the parents are still unable to come to an agreement teh courts will make a ruling with the best interests of the child in mind.

The following are some factors which are usually considered in any custody decision:

  • recommendations of professionals;
  • parenting abilities of the parents;
  • wishes of the child;
  • bond between child and parent;
  • child’s adjustment to home, school and community;
  • mental and physical health of all individuals involved.
New Mexico Child Support Guidelines

New Mexico has established a set of uniform guidelines that apply in almost every divorce case involving child support. As in many other states the calculation to determine the amount of child support and who’s paying is determined by taking the gross income of both parties and taking into account certain child expenses. Child support will usually continue until the child reaches the age of 18, but may be extended through the time of their secondary education.


A New Mexico divorce case is usually brought to the county in which either party currently is living.


At any point during the divorce process the couple may enter into a period of mediation to work through any disagreements on stipulations within the divorce. If the couple can reach an agreement on the troubled areas it can move the divorce forward much quicker.