New Mexico has following divorce laws:
Residency
For Dissolution of Marriage in New Mexico, the residency requirements set by the New Mexico divorce laws should be met, which are:
- At the time of filing the petition either party should have resided in New Mexico State for at least six months just after the date of the filing.
- Domicile in New Mexico will be required.
- Persons in armed forces of the United States government should also have continuously stayed in military base for period of six months.
Documents Required for Filing Divorce
The below mentioned are the essential documents needed to start and finalize dissolution of marriage according to New Mexico laws:
- Petition for Dissolution of Marriage
- Decree of Dissolution of Marriage
Distribution of Property
As New Mexico is considered a "
Community Property" state, thus, the community assets will be divided equally by the District Court if the spouses are unable to reach an agreement. The property, which either the party owned before the marriage, will be divided as the marriage bond is broken.
Change of Name or Restoration of Name
Under New Mexico divorce laws, any resident of New Mexico State over the age of fourteen years may request the court to restore the previous name after the final hearing for dissolution is made.
Mediation Counseling
The New Mexico divorce court may sometimes order for
mediation counseling, if both the spouses do not come to a solution. The reason behind it is to let both spouses decide and review their decision before they finally go for divorce.
Alimony
In New Mexico the support payments differs from case to case. Both the parties are allowed to reach to a solution in deciding property and debt issues. If they are unable to reach an agreement, the New Mexico divorce courts will order the support.
Child Custody
According to New Mexico divorce laws, the court makes a custody decision with the best interests of the children in mind. The court also sees which parent the child wish to be the custodian. That is, if the child is fourteen years of age or older, New Mexico divorce court will consider the wishes of the child as to with whom he would like to live before awarding
custody of such minors.
Child Support
New Mexico divorce laws have mentioned Specific child support guidelines and worksheets. One of the parents may be asked to provide child support. Shared responsibility or joint custody is defined as each parent having the child in their home can give at least 35% of the time during a year.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
