New Mexico Divorce

Residency Requirements

In order to file for divorce in New Mexico, either spouse must have been a resident for at least six months and have a home in the state.

Grounds

New Mexico’s no-fault grounds for divorce are incompatibility between the spouses so with no foreseeable reconciliation.

Adultery, abandonment and cruel or inhuman treatment are some of New Mexico’s fault based grounds for divorce.

Child Custody

In the State of New Mexico, it is presumed that joint legal custody is in the best interests of the child. Both parents are actively involved in the important decisions concerning their children's development in joint custody. The court will order mediation if the parents cannot agree as to custody. The court will decide custody in keeping with the best interests of the child, if mediation fails.

Child Support

New Mexico’s child support guidelines apply in virtually every case, unless special circumstances exist. Both parties’ gross income, certain child related expenses and the amount of time the child spends with each parent are taken into consideration in calculating the child support obligation. The child support obligation will continue through the child’s eighteenth birthday, and may be extended through the child’s secondary education.

Venue

The divorce can be initiated in the county where either spouse resides.

Mediation

The parties may agree to submit any areas of disagreement to mediation at any time before or after the divorce is filed. Further, the parties can enter into custody mediation mentioned to resolve issues regarding child custody. The parties may proceed in court on an uncontested basis if an agreement is reached in mediation.

Filing Fees

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.

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