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New Mexico is a ?community property? state and also an ?equitable distribution? state. This means that marital assets and debts are generally split 50/50 between the spouses unless another division is agreed by the spouses.
One important fact to remember is New Mexico is a community property state. This means marital assets are generally divided equally between the two parties. If you and your ex don't work out your own division of property agreement, then the court will: Allow each of you to keep your separate property.
How Is Debt Split in a Divorce in California? California is a ?community property? state, which means that any assets acquired and any debts incurred by either spouse during the marriage belong equally to both spouses.
New Mexico is a no-fault divorce state. Therefore, a divorce can be granted without having to allege or prove fault such as adultery, abuse, or abandonment. Additionally, New Mexico courts usually do not consider fault when distributing property or determining alimony/child support.
What You Should Include in a Divorce Letter Start the letter with something like ?The previous night was tough on me. ... An explanation of your decision. ... How to proceed with the next steps. ... Your name, your spouse's name, and the date you sent the letter.
New Mexico Alimony Basics Generally speaking, the court will consider: the spouses' ages, health and means of support. each spouse's current income, future earnings, and "earning capacity" (potential income based on education, job history, skills and employment opportunities)
FILING FIRST FOR DIVORCE DOESN'T CHANGE NEW MEXICO LAW To begin, the spouse that files for Divorce first (?Petitioner?) does not receive special treatment. For instance, New Mexico law doesn't change because one side files first.
Rehabilitative or transitional alimony is commonly awarded to those who were married for five to ten years and can establish that these payments are necessary. This usually occurs when a spouse quit their job or did not finish their education due to circumstance arising from their union such as having children.