Below are answers to common questions asked by parties considering divorce in New Mexico:
Are there Residency Requirements in New Mexico Prior to Filing for Divorce?
Yes. In order to file for divorce in New Mexico, either party must have resided in this state for at least six months prior to petitioning for dissolution of marriage and have a domicile in New Mexico. Once the parties have cleared this requirement, the divorce petition may be filed in the county where either spouse resides.
What are the Legal Grounds for Divorce in New Mexico?
A divorce in New Mexico may be granted on the following grounds:
Does the State Recognize Legal Separation?
Yes. If the couple permanently separates, either may file proceedings to determine property division, child custody and support or alimony.
How is Marital Property Divided in New Mexico?
New Mexico is a community property state, which means that property and assets acquired during the marriage will be divided evenly, unless the parties reach an agreement outside the court. There are circumstances in which property will not be divided evenly, including all property that was acquired prior to the marriage, property acquired after entry of a legal separation, property acquired by either spouse as a gift, and several others.
How is Alimony Determined?
Alimony in New Mexico may be awarded on a rehabilitative, transitional or an indefinite basis. The court will consider several factors, including the duration of the marriage, spouses’ ability to support themselves, the standard of living established during the marriage, among others.
Who is Awarded Custody of the Children Following Divorce?
New Mexico does not consider the gender of the parent as a determining factor in child custody. Instead, custody will be determined based on the best interest of the children. Several factors will be considered, including the financial responsibility of each parent, relationship between each parent and the child, the wishes of the child, and others.
Hiring a Divorce Lawyer in New Mexico
There are many intricate details involved in filing for divorce and overlooking just one can lead to disastrous outcomes. Hiring an experienced New Mexico divorce lawyer will increase your chances of your case resolving quickly and favorably. Your divorce attorney will always fight for your rights and ensure that all decisions are based on you and your loved ones’ best interests.