Under New Mexico divorce laws, you can file for a divorce based on adultery, inhuman and cruel treatment, or abandonment. You can also use irreconcilable differences as grounds for filing a no-fault divorce. Nonetheless, both your and your spouse should have resided in New Mexico for six months minimum to file for a divorce under the state’s conditions. There is a waiting period of 30 days after serving your spouse with the divorce petition.
Here are some of the important facts you should know about divorce laws in New Mexico
Division of Property and Alimony
New Mexico is among the community property states in the US; any marital property obtained during a marriage will be equally divided between both parties by the court. This includes all personal possessions, real estate property, income received during the marriage, and debts. Nonetheless, this does not include separate assets acquired before the marriage, by inheritance or gift, or after the finalization of the divorce decree.
In New Mexico, courts can award permanent or temporary alimony to a spouse in need of support. This is only applicable if the other spouse is capable of making alimony payments. Many factors will come into play when deciding the exact alimony amount. Payments will only end if the other party is deceased, or if they receive orders from the judge.
Child Custody and Support
The Law Office of Doreene A. Kuffer explains, “Every family law case is unique, and there is no single solution for every situation.” The basis of child custody will depend on the child’s best interests, regardless of gender or race of the parent. While most courts desire to award shared custody, it is not applicable for all cases. As such, courts assess every case by considering several factors before finalizing a custody order.
Courts use state policies on the income of both parents for determining child support payments. In most cases, payments will continue until a child’s 19th birthday or until completion of high school. Some courts may award additional payments for college education, as well as medical costs not covered by health insurance.
New Mexico divorce laws are complex. If you want the best possible outcome for your case, it is best to have Rio Ranch divorce lawyers by your side during the legal process. This provides you the assurance that your rights remain protected.