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If there are no minor children involved and the spouses wish to waive the thirty (30) day waiting period, the spouses must have been separated at least thirty (30) days. Divorce papers in New Mexico are filed with the Clerk of the District Court in the county where either of the parties resides.
New Mexico is a no-fault state and either party can request a divorce. It is far easier to finalize a divorce when both parties agree on the terms and sign the necessary paperwork. Unfortunately, not all divorces are ?easy.?
New Mexico Alimony Basics Similarly, alimony is not calculated using strict mathematical equations like child support is, instead, it is determined by one spouse's need and the other's ability to pay, along with other factors. Generally speaking, the court will consider: the spouses' ages, health and means of support.
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.
While many people assume divorce is the only way to end your marriage, Legal separation is also recognized and available in the state of New Mexico. Thus, an action for legal separation may be filed whenever both spouses have permanently and physically separated from each other.
New Mexico Divorce Laws Abandonment: Also called ?desertion.? This means that one spouse has abandoned the other. Adultery: If one partner is unfaithful, their partner can file on grounds of adultery. Cruelty and inhuman treatment: This includes emotional abuse and domestic violence.
Is Adultery a Crime in New Mexico? No, adultery isn't a crime under New Mexico law.
How to File for an Uncontested Divorce in NM One party will file a petition for divorce with the court. The other spouse agrees to the terms as laid out in the petition. Generally, this will occur after an informal discussion on behalf of the divorcing spouses.