New Mexico divorce rate is 4.6% per 1,000 of the total population of the state. The divorce rate of New Mexico is high and on the rise. According to New Mexico family law, there are both no-fault and fault grounds for divorce upon which the court can grant divorce.
Annulment is not a much preferred option in New Mexico. Although it’s proceeding are somewhat the similar as that of a divorce. Annulment is mostly seeked because of religious reasons. Annulment may also not be chosen as many awards may not be granted after the marriage is considered void. Whereas in divorce, you can claim all these awards.
Divorce Grounds in New Mexico
Divorce grounds in New Mexico are categorized into: According to the state law the grounds must be proved with sufficient evidences.
No-Fault Divorce Grounds in New Mexico
The sole no-fault divorce ground in New Mexico is;
Incompatibility because of miss match or conflict of personalities, results in destruction of the legitimate ends of the marriage relationship. With this no reasonable expectation of reconciliation are left. Thus you can file for divorce under this no-fault divorce ground in New Mexico.
Fault Divorce Grounds in New Mexico
The Fault Divorce grounds in New Mexico are as under:
A generally found divorce ground in almost all states is Adultery. Divorce on this ground is only announced by New Mexico court if it is proved that the defendant spouse has been involved in a collusive involvement in a sexual intercourse with a third party other than the legitimate spouse. After the provision of substantial proof, the divorce court grants divorce on this divorce ground in New Mexico.
Cruel and Inhuman Treatment:
Cruel and inhuman treatment is a fault divorce ground in New Mexico. It stands for domestic hostility, harassment, verbal and physical abuse. The State court of New Mexico grants divorce if any obvious conduct of hostility and cruelty is observed.
If a spouse pulls back the support or help, in spite of all loyalty or carefulness by the other spouse, for the minimum period of three months, other spouse can obtain divorce according to the court law of New Mexico.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in New Mexico.
New Mexico Divorce Laws
New Mexico has following divorce laws:
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.
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.
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.
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.
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.
New Mexico Annulment Laws
Annulment is a process in which court determines that the parties were never legally married and the marriage is void or null. To get an annulment in New Mexico, you have to prove one of the annulment grounds recognized by the New Mexico annulment laws:
If your spouse has married you by employing fraud or misrepresented him or herself, you can get annulment under New Mexico annulment laws.
If you have been threatened or forced into a marriage, you can obtain annulment according to New Mexico annulment laws.
Under New Mexico annulment laws, annulment is legal if your spouse is mentally ill and it is affecting your married life.
According to New Mexico annulment laws, you can file for annulment if your spouse has some physical disability and it is adversely bearing on your relationship.
Bigamy or Existence of a Prior Marriage
New Mexico marriage laws clearly state that both the spouses must be single at the time of marriage. Annulment becomes legal under New Mexico annulment laws if a person is already married and enters into a new marriage without giving divorce to the first one.
New Mexico Divorce Laws-Frequently Asked Questions
- Are divorce and legal separation same?
Divorce and separation are in essence same, in case of legal separation; husband and wife live apart and separate but they are legally married still. If six months have passed, both spouses can claim divorce.
- What is the minimum residence period for a New Mexico divorce?
New Mexico divorce laws require you to reside for six months in New Mexico before you file for a divorce. In case there are children involved, they should also be residents of the state for six months.
- My spouse is living in another state; can I still claim a New Mexico divorce?
Yes, you have the right to claim a New Mexico divorce, because New Mexico divorce laws require only one spouse to be a resident of the state.
- How long am I required to wait to get divorced in New Mexico?
If the case is not complicated, then it takes a month to get New Mexico divorce. Otherwise it may take longer.
- Do I get some monetary support while the divorce is in pending?
Yes, in New Mexico you will definitely get money for expenses while the divorce is in process.
- Is it necessary to go to the court?
According to the New Mexico divorce laws, if you and your spouse agree on all issues, there is no need to go to the court. You will only be required to submit all the papers for judge’s signature. But if there are unsettled issues then you have to go to the court on each hearing.
- My spouse does not want to give me a divorce, what should I do?
New Mexico is a no-fault state which means that under the New Mexico divorce laws you can file for a divorce under “incompatibility” to get a divorce in such cases.
- What are the major issues in a divorce?
There are four major issues which are to be addressed in a divorce: * Property division * Child support * Spousal support (alimony) * Debt characterization
- Is it compulsory to hire a divorce lawyer?
The New Mexico divorce laws do not force you to hire a divorce lawyer. There are many cases in which people represents themselves. But it is strongly advised to hire a divorce lawyer because s/he can work represent you better.
- Can I and my spouse hire the same divorce lawyer?
No, you cannot hire the same divorce lawyer.