IF you live in New Mexico, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

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DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link

FAMILY LAW RESOURCES

New Mexico Child Support Guidelines
New Mexico Child Support Calculator
New Mexico Child Support Enforcement

DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.

UNCONTESTED DIVORCE FORMS

WITH NO Children

1. No Children and No Marital Home
2. No Children and Dividing Proceeds From the Sale of Marital Home
3. No Children and Transfer of Marital Home From One Spouse to the Other

WITH Children

1. With Children and One Parent Has Legal and Physical Custody
2. With Children and Both Parents Have Legal Custody and One 3. Parent Has Physical Custody

When You CANNOT LOCATE Your Spouse

State Specific - Divorce Software - Missing Spouse - With No Children

DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your New Mexico divorce form preparation today.

COUNSELING

BACKGROUND CHECKS

Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.

DOMESTIC VIOLENCE RESOURCES

New Mexico Domestic Violence Crisis Assistance
New Mexico Domestic Violence Shelters and Hotlines
New Mexico Coalition Against Domestic Violence

SUPPORT

Support Groups

NEW MEXICO DIVORCE LAW RESOURCES

New Mexico Divorce Statutes

RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a dissolution of marriage, either party must have resided in this state for at least six months immediately preceding the date of the filing and have a domicile in New Mexico. Proceeding may be instituted in the county where either of the parties resides. [Based on New Mexico Annotated Statutes 40-4-4 and 40-4-5]

LEGAL GROUNDS FOR DIVORCE: A divorce may be granted based on the following grounds: a) incompatibility; b) cruel and inhuman treatment; c) adultery; or d) abandonment. [Based on New Mexico Annotated Statutes 40-4-1]

LEGAL SEPARATION: Legal separation is recognized in NM. If a husband and wife permanently separate, either may start proceedings in the district court for the determination of property division, child custody and support, or alimony. [Based on New Mexico Annotated Statutes 40-4-3]

SPECIAL DIVORCE PROCEDURES: If child custody is contested, the court may appoint a guardian ad litem to appear for and act as a representative for the minor children. The court shall also refer the case to mediation if feasible unless a party asserts or it appears to the court that domestic violence or child abuse has occurred. [Based on New Mexico Annotated Statutes 40-4-8]

PROPERTY DISTRIBUTION: New Mexico is a community property state, meaning that property and debts acquired during the marriage shall be split equally, unless the parties reach an agreement independent of a court ruling. Property which is not subject to division is considered separate property, and includes (1) property acquired by before marriage or after entry of a decree of dissolution of marriage; (2) property acquired after entry of a legal separation; (3) property which has been designated as separate property by a judgment or decree of any court having jurisdiction; (4) property acquired by either spouse by gift, bequest, devise or descent; and (5) property designated as separate property by a written agreement between the spouses, including a deed or other written agreement concerning property held by the spouses as joint tenants or tenants in common in which the property is designated as separate property. Any other property shall be considered community property and subject to division. [Based on New Mexico Annotated Statutes 40-3-8]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Spousal support may be awarded on a rehabilitative, transitional, or indefinite basis. When making the determination of spousal support, the court shall consider:

1. The age and health of and the means of support for the respective spouses;
2. The current and future earnings and the earning capacity of the respective spouses;
3. The good-faith efforts of the respective spouses to maintain employment or to become self-supporting;
4. The standard of living established during the marriage, the maintenance of medical insurance for each spouse, and the availability of life insurance on the person who is to pay support;
5. The duration of the marriage;
6. The amount of the property awarded in the property settlement and the type and nature of the respective spouses' assets and liabilities; 7. Any agreements entered into by the spouses in contemplation of the dissolution of marriage or legal separation. [Based on New Mexico Annotated Statutes 40-4-7]

SPOUSE'S NAME: Any resident of this state over the age of fourteen years may, upon petition to the district court in which the petitioner resides and upon filing the notice required with proof of publication, if no sufficient cause is shown to the contrary, have his or her name changed or established by order of the court. [Based on New Mexico Annotated Statutes 40-8-1]

CHILD CUSTODY: When awarding custody, gender of the parent is not be a determining factor. The courts hold that there shall be a presumption that joint custody is in the best interests of a child, but this does not imply an equal division of the child's time between the parents or an equal division of financial responsibility for the child.

When determining contested custody cases, the court determines custody in accordance with the best interests of the child, considering all relevant factors including, but not limited to:

1. The wishes of the child's parent or parents as to his custody;
2. The wishes of the child as to his custodian;
3. The interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child's best interest;
4. The child's adjustment to his home, school and community; and
5. The mental and physical health of all individuals involved.

If the minor is fourteen years of age or older, the court shall consider the desires of the minor as to with whom he wishes to live before awarding custody of such minor. [Based on New Mexico Annotated Statutes 40-4-9, 40-4-9.1]

CHILD SUPPORT: New Mexico uses an "Income Shares" model to determine the level of child support. This means that each parent's income is divided by the total of both parents income to determine the percentage of support that each parent is responsible for. The total income from both parents determines the level of support to be paid, based on the child support tables. For detailed instructions, review the information contained in the Child Support Guidelines.

Child support continues until the children's graduation from high school if the children are emancipated only by age, are under nineteen and are attending high school. Child support may provide for maintenance and education after high school of emancipated children pursuant to a written agreement between the parties. [Based on New Mexico Annotated Statutes 40-4-7 and 40-4-11.1]

PREMARITAL AGREEMENT: A premarital agreement must be in writing, signed by both parties and acknowledged. A premarital agreement may not adversely affect the right of a child or spouse to support, a party's right to child custody or visitation, a party's choice of abode or a party's freedom to pursue career opportunities. It is not enforceable if the party against whom enforcement is sought proves that: (1) that party did not execute the agreement voluntarily; or (2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party: [Based on New Mexico Annotated Statutes 40-3A-3 through 40-3A-5]

You can find more divorce information in the following articles: