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In New Mexico, divorce can be filed by either spouse as long as they meet the residency requirement. This requirement dictates that at least one of the spouses must have lived in the state for a continuous period of at least six months prior to filing your divorce papers.
In New Mexico, there are both fault-based and no-fault grounds for filing for divorce. The no-fault ground is "incompatibility," where the spouses' incompatibility is deemed the cause for the breakdown of the marriage.
Additionally, there are fault-based grounds, including adultery, abandonment, cruel and inhuman treatment, and incompatibility due to incurable insanity. These grounds provide a basis for seeking a divorce under different circumstances.
No, New Mexico does not require a period of separation before filing for divorce. The state allows for divorce on both no-fault grounds of incompatibility and various fault-based grounds, without mandating a specific period of separation between the spouses before initiating the divorce process.
This means that couples can file for divorce without having to live separately for a certain duration prior to submitting their divorce petition.
New Mexico is a community property state, which means that any property acquired during the marriage is owned equally by both spouses. When it comes to dividing community property during a divorce in New Mexico, the court will use a process called equitable distribution to ensure that each spouse receives a fair and just portion of the assets.
Equitable distribution takes into account several factors, such as the length of the marriage, the income and earning potential of each spouse, and the contributions made by each spouse to the marriage.
The court will also consider any separate property owned by either spouse, such as property acquired before the marriage, inherited property, and gifts. Generally, community property is divided 50/50, but the court may award a greater percentage to one spouse if they contributed more to the marriage or have a greater need for certain assets.
The court may also consider the wishes of the spouses and any prenuptial or postnuptial agreements in place. It’s important to note that property acquired by one spouse after the date of separation is considered separate property and will not be subject to equitable distribution.
The cost of divorce in New Mexico varies depending on several factors such as whether or not there are children involved, the complexity of the case, and whether or not the divorce is contested or uncontested.
According to legal websites, an uncontested divorce in New Mexico typically costs between $500 and $1500 in attorney fees and court costs. However, a contested divorce can cost significantly more, often ranging from $5,000 to $20,000 or more in attorney fees and other expenses.
Additionally, some couples may incur additional costs for services such as mediation, property appraisals, or custody evaluations. See our guide on how to get divorced on a budget.
In New Mexico, the minimum waiting period for a divorce is 30 days after the initial filing. However, the length of time it takes to finalize a divorce can vary depending on several factors, including the complexity of the case, the amount of cooperation between the parties, and the court's schedule.
In general, an uncontested divorce without any significant disputes or complications may take around three to six months to complete, while a contested divorce that requires multiple court appearances and negotiations may take much longer.
It is best to consult with an experienced divorce attorney in New Mexico for an estimate of the timeline for your particular situation.
Child custody is decided in New Mexico based on the best interests of the child. The court considers several factors in making a determination, including:
1. The wishes of the child, if they are old enough to express them and the court considers them mature enough to make a decision
2. The relationship between each parent and the child, including the parent's ability to provide for the child's physical and emotional needs
3. Each parent's ability to cooperate with the other parent and make decisions regarding the child's upbringing
4. The mental and physical health of each parent, as well as their understanding of the child's needs and abilities
5. The child's adjustment to their home, school, and community
6. Any history of abuse or neglect by either parentThe court may award joint custody or sole custody to one parent depending on these factors.
In cases where joint custody is awarded, the court will typically also establish a parenting plan outlining the responsibilities and roles of each parent.