Best Divorce Lawyers Albuquerque, NM Of 2024
Splitting assets, deciding on child custody and visitation rights, working out alimony and determining how to file your divorce papers are just a few of the things you need to think through when your marriage is dissolving. It can feel overwhelming to balance all of these decisions along with your e New Mexico's divorce laws are generally light compared to other states, with no separation required for couples to file for divorce due to irreconcilable differences. One spouse must have lived in the state for at least six months and have a domicile prior to filing for divorce, with some exceptions including military personnel stationed in New Mexico for six months. The types of divorce and separation are more flexible than in other states. New Mexico allows for multiple types of divorces, including fault divorces due to cruel and inhumane treatment, abandonment or adultery, and contested divorces when parties do not agree on all aspects of their divorce. Child custody and support is based on each spouse's adjusted gross income, with support being paid proportionate to the income each spouse brings to the table. The amount of child support required from each parent is determined based on their adjusted gross incomes.
Published : a month ago by Jeffrey Johnson, reviewed_by, J.D., Brett Surbey in Business
Below is a brief summary of divorce laws, procedures and processes you should be aware of when filing for divorce in New Mexico. If you have any questions about the divorce process, reach out to your attorney for clarification.
New Mexico has generally light divorce requirements compared to other states. Spouses need not be separated in order to file for divorce. They only need to show that their marriage has broken down due to incompatibility—meaning that the spouses have irreconcilable differences.
One of the spouses needs to have lived in the state for at least six months—and have a domicile—prior to filing for divorce, with some exceptions. A domicile simply means that one spouse has a residence in the state, has the intent to stay in the state permanently or indefinitely and is physically present there. Military personnel who are stationed in New Mexico for a period of six months are deemed to have a domicile in the state.
Types of Divorce and Separation in New Mexico
The types of divorce in New Mexico are straightforward and more flexible than in some states. New Mexico allows for the following types of divorce:
• Fault divorce: One party is proven to be at fault for the dissolution of the marriage through cruel and inhumane treatment, abandonment or adultery.
• No-fault divorce: No fault is alleged, only that the marriage broke down due to irreconcilable incompatibility between the couple.
• Contested divorce: When parties do not agree on all matters in their divorce, including child visitation rights or division of the marital property.
• Uncontested divorce: When both parties agree on all aspects of their divorce.
Child Custody, Support and Visitation in New Mexico
When it comes to child custody and support, New Mexico law has the assumption that joint custody is the best option for the children as long as that is in the best interest of the child. Joint custody does not necessarily mean each parent will get equal time with their children, but it does mean each parent will be involved in their lives in some manner.
If the couple or the court decides that joint custody is not an option, the court decides custody based on the best interests of the child—including a variety of factors, including the child’s relationship with each parent, their age and the physical and mental health of each parent.
If the child in question is 14 years old and above, their wishes will also be considered.
New Mexico requires both parents to support their children financially after a divorce. The exact amount of support required from each parent is calculated based on each spouse’s adjusted gross income. Support is then paid proportionate to the income each spouse brings to the table.
For example, if Spouse A makes $5,000 a month and Spouse B makes $2,500, their total adjusted gross income is $7,500, of which Spouse A makes up 60%. This means Spouse A is required to pay 60% of the child support amount, which is $860 based on the New Mexico Basic Child Support Table, or $516.
These basic amounts may be changed depending on the visitation schedules and the type of custody each parent has.
New Mexico is one of nine states that follow community property laws rather than equitable distribution when dividing property. Basically, this means that any property—or debt—acquired during the marriage is considered the couple’s community property and generally split evenly.
Any property acquired before the marriage is typically considered separate and is not divided. Though property is usually split 50/50, a judge will consider several factors to determine how it is divided—the split may not always be equal.
Spousal support is decided either by agreement of the parties or by the court. A judge weighs factors such as age and means of support for each spouse, their current and future earnings, reasonable needs and the duration of the marriage.
To begin the divorce process, file a Petition for Dissolution of Marriage—with or without children—at the district court in the county where one of the couple resides. You can find the applicable court on the Judicial Branch of New Mexico website. For a full list of applicable forms, review the Divorce Forms section of the Judicial Branch of New Mexico website. You will also need to pay a filing fee.
After completing the required forms, you are required to notify your spouse by serving them with the documents. The easiest way to do this is to send the papers by certified mail, return receipt requested. Service can also be done in person with the following rules:
• An individual over 18 must serve the papers if they are not a party to the divorce
• One spouse cannot serve the other
A spouse can agree not to be served by signing an Acceptance of Service before a notary.
Once all the required divorce papers have been served on your spouse, there is a 30-day waiting period before the divorce can be finalized. If the spouses do not have minor children, this waiting period can be waived.
To finalize the divorce, a judge needs to sign the submitted Final Decree of Dissolution of Marriage. This lays out the agreed upon terms for the divorce such as how assets will be divided, if spousal support will be given and child custody or visitation rules.