New Mexico No-Fault Uncontested Agreed Divorce Package for Dissolution of Marriage with Adult Children and with or without Property and Debts
Notes: This summary is not intended to be an all inclusive summary of the laws of dissolution of marriage in New Mexico, but does contain basic and other provisions.
Grounds
A judgment of dissolution of marriage may be granted in the State of New Mexico on the following grounds:
1. Cruel and inhuman treatment;
2. Adultery;
3. Abandonment;
4. Incompatibility due to discord or conflict of personalities such that the legitimate ends of the marital relationship is destroyed preventing any reasonable expectation of reconciliation. 40-4-1
Residency Requirements
The district court has jurisdiction to decree a dissolution of marriage when at the time of filing the petition either party has resided in this state for at least six months immediately preceding the date of the filing and has a domicile in New Mexico. As used in this section, "domicile" means that the person to whom it applies:
1. Is physically present in this state and has a place of residence in this state;
2. Has a present intention in good faith to reside in this state permanently or indefinitely;
3. Provided further, persons serving in any military branch of the United States government who have been continuously stationed in any military base or installation in New Mexico for such a period of six months shall, for the purposes hereof, be deemed to have a domicile of the state and county where such military base or installation is located; and;
4. Provided further, any person who had resided continuously in New Mexico for at least six months immediately prior to his or his spouse’s entry into any military branch of the United States government, who is stationed or whose spouse is stationed at any military base or installation outside of New Mexico and who has a present intention in good faith to return and to reside in this state permanently or indefinitely, shall for the purposes hereof, be deemed to have a domicile of the state and county of his residence immediately prior to his or his spouse’s entry into the military branch. 40-4-5
Name of court and title of action/parties
An action for dissolution of marriage is filed in the District Court. The title of the action initiating the dissolution proceeding is a Petition for Dissolution of Marriage, while the title of the action granting the dissolution is referred to as the Decree of Dissolution of Marriage.
Where to File- Venue
The petition for dissolution of marriage may be filed in the county
where either party resides. In such proceedings, the court shall have jurisdiction of all property of the parties, wherever located or situated in the state. 40-4-4
Legal separation
Whenever the husband and wife have permanently separated and no longer live or cohabit together as husband and wife, either may institute proceedings in the district court for a division of property, disposition of children or alimony, without asking for or obtaining in the proceedings,
a dissolution of marriage. 40-4-3
Property Division
Upon granting a decree of dissolution of marriage, the court in New Mexico will set aside to each spouse that party's separate property and distribute the community and quasi community property among the parties as the court deems equitable and just. 40-4-7
Alimony
Either party to a dissolution action in New Mexico may be ordered to pay alimony to the other spouse as the court deems just and proper, after consideration of the following factors:
1. The age, health and means of support of the parties;
2. The current and future earnings and earning capacities of the parties;
3. The good faith efforts of the parties to maintain employment or become self-supporting;
4. The reasonable needs of the parties;
5. The duration of the marriage;
6. The amount of property awarded to the respective parties;
7. The type and nature of the parties respective assets and liabilities;
8. Income produced by property owned by the parties;
9. Any marital agreements entered into by the parties in contemplation of the dissolution of marriage or legal separation. 40-4-7
Arbitration/mediation
The parties to a divorce action may stipulate to binding arbitration, and mediation may be ordered by the court in cases involving contested custody issues. 40-4-7.2, 40-4-8
Child custody
The court will decide the issue of custody of minor children according to the best interests of the child. Factors the court will consider in determining the child's best interests include:
1. The child has established a close relationship with each parent;
2. Each parent is capable of providing adequate care for the child throughout each period of responsibility, including arranging for the child's care by others as needed;
3. Whether each parent is willing to accept all responsibilities of parenting, including a willingness to accept care of the child at specified times and to relinquish care to the other parent at specified times;
4. Whether the child can best maintain and strengthen a relationship with both parents through predictable, frequent contact and whether the child's development will profit from such involvement and influence from both parents;
5. Whether each parent is able to allow the other to provide care without intrusion, that is, to respect the other's parental rights and responsibilities and right to privacy;
6. The suitability of a parenting plan for the implementation of joint custody, preferably, although not necessarily, one arrived at through parental agreement;
7. Geographic distance between the parents' residences;
8. Willingness or ability of the parents to communicate, cooperate or agree on issues regarding the child's needs; and
9. Whether a judicial adjudication has been made in a prior or the present proceeding that either parent or other person seeking custody has engaged in one or more acts of domestic abuse against the child, a parent of the child or other household member. If a determination is made that domestic abuse has occurred, the court shall set forth findings that the custody or visitation ordered by the court adequately protects the child, the abused parent or other household member.
A presumption exists that joint custody is in the child's best interests.
Absent any orders to the contrary, both parents shall have equal access to records pertaining to the child, such as medical, dental or school. 40-4-9.1
Child support
A rebuttable presumption exists that the amount of support established by the enacted child support guidelines is the correct amount of child support to be paid. Should the court deviate from the amount established in the guidelines, the judgment must contain a statement of the reasons for such deviation.
Medical insurance will also be included in any order of child support if reasonably available to either party. 40-4-11.1, 11.2
Name change
Any person may petition the court for a change of name. The party seeking the change of name must publish in a newspaper of the county in which the court resides; the notice to be published at least once each week for two consecutive weeks in some newspaper printed in the county. If there is no newspaper published in the county where the applicant resides, then the notice shall be published in a newspaper printed in the county nearest to the residence of the person and having a circulation in the county where the person resides.
If the court finds that publication of an applicant's name change will jeopardize the applicant's personal safety, the court shall not require publication. The court shall order all records regarding the application to be sealed. The records shall only be opened by court order based upon a showing of good cause or at the applicant's request. 40-8-1, 2
