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New Mexico Divorce Laws

Divorce Law Basics in the State of New Mexico

Also See: New Mexico Marriage Laws

Articles about 'Divorce / Separation'
Divorce Laws in All 50 States: Click Your State's Link to View the Divorce Statutes that Affect You
Divorce Glossary: Understanding Legal Terminology Related to Divorce
What is No Fault and At Fault Divorce?: Understanding the Difference
Defenses to Divorce: Affirmative Defenses to At-Fault Divorce Allegations
The Effects of Divorce on Children: How to Help Your Child Adjust to the Transition of Divorce
What is a Bifurcated Divorce?: Splitting Your Dissolution Case into Parts
FAQ: What Is An "Agreed" or "Uncontested" Divorce?: Frequently Asked Questions About Divorce
FAQ: How Do I File for Divorce if My Spouse is Missing?: Frequently Asked Questions About Divorce
Is A Do-It-Yourself Divorce Right For You?: How To Know If You Can Do Your Own Divorce
FAQ: Is property that I acquired during a separation considered to be marital property?: Frequently Asked Questions About Separation and Divorce
Types of Separation: Understanding Your Options When You Decide to Split Up
Separation Agreements: How To Draft Your Own Agreement of Separation
FAQ: What's the difference between a divorce and a legal separation?: Frequently Asked Questions About Divorce and Separation
Book Review: Taking Space: How to Use Separation to Explore the Future of Your Relationship
Book Review: Should I Stay Or Go?: How Controlled Separation Can Save Your Marriage
The Divorce Process: What Happens Next?
Lower Your Chances of Divorce: Tips to Keep Your Marriage Going Strong
The Basics of Property Distribution: What Happens to Your Stuff When You Divorce?
Collaborative Divorce: A New Approach to Conflict Resolution
Mediation: An Alternative to Divorce Litigation
Book Review: Divorce and Money: Everything You Need to Know About Splitting Up Your Assets
Book Review: Building A Parenting Agreement That Works: How to Put Your Kids First When Your Marriage Doesn't Last
Book Review: Your Right to Child Custody, Visitation and Support: The Easy Guide to Custody, Support and Visitation Rights
FAQ: What's the difference between divorce and annulment?: Frequently Asked Questions About Divorce and Annulment
Checklist of Documents to Gather for Divorce: Making Sure You Have the Information You Need
Do I Need A Lawyer To Get A Divorce?: Understanding Your Options In A Divorce
How Do I File For A Divorce?: The Basics of Beginning Divorce Proceedings

Statute: New Mexico State Divorce Code (Chapter 40, Article 4)

No-Fault Grounds:

  • Incompatibility

At-Fault Grounds:

Residency:  Either party must be a resident of the state for at least 6 months prior to filing

Legal Separation Recognized? Yes. Alimony, property distribution and child support can be awarded.

Counseling Requirements: The court shall require the parties to attend mediation if feasible; the court shall also order the parties to attend parenting education classes if a minor child is involved.

Property Distribution: New Mexico is a community property state. Parties may modify the distribution by separate agreement or the court will distribute the property equally. Separate property (property acquired prior to the marriage, as a gift or through inheritance)  is not included in property distribution.

Alimony: Alimony may be awarded to either party at the discretion of the court.
  Tags : new mexico, divorce, divorce laws, alimony, property distribution, legal separation, at fault / no fault divorce, marriage
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