New Mexico Uncontested Divorce Information
and FAQ
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 uncontested divorce
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