New Mexico was famously the backdrop for the TV series “Breaking Bad,” where a high school science teacher shakes up his life to become a notorious drug dealer.
If you are looking to shake up your life to start over without your spouse, you need to know about New Mexico divorce laws. Learn how to get a divorce in NM below.
Divorce Papers – NM
The divorce process in NM will usually conclude with a divorce decree, which New Mexico called an order for the dissolution of marriage.
This will permanently sever the legal relationship between a couple.
As part of that process, the court will usually also address the division of the couple’s property and an award of any spousal support (alimony).
Alimony is a very tricky issue because both spouses are typically expected to care for themselves after a divorce, but a homemaker may be disadvantaged by giving up her career to supporting her ex-husband and alimony can help.
New Mexico custody laws
A divorce in NM where kids are involved will usually end with the parents coming to an agreement on child custody.
The law requires that when custody is contested the court must refer the dispute to a mediator in most situations. The mediator will work with the parents to come to an agreement under NM divorce laws.
If they fail to agree, ultimately the judge will hear arguments from both sides and then make a determination on child support from that.
Divorce laws in New Mexico always put the best interest of the child ahead of the parent’s wishes, though, in reality, the parents will agree as part of their divorce in New Mexico.
New Mexico divorce forms
Filing for divorce in NM often be made somewhat simple by using forms created by the court system.
If you are wondering how to get a divorce in New Mexico, the forms and related instructions can tell you.
The form for filing for divorce where children are not involved simply asks for basic information about the marriage and states that the marriage is in “a state of incompatibility and irreconcilable difference exists.”
This is a New Mexico no-fault divorce, meaning the spouse does not have to prove that the other one did something wrong.
New Mexico is a community property state, meaning that everything the couple acquired during the marriage is considered jointly owned “community” property.
At divorce, community property is usually equally divided and that is what is in the form. Understanding how to file for divorce in NM without children is easy.
The form for couples with children that are using NM divorce laws is more complicated. The spouse seeking the divorce must provide information on the child and state what type of custody they are seeking.
Filing for divorce in New Mexico with children will usually trigger child support consideration as well.
The parent that spends less time with the child or who makes more money will usually have an obligation to pay support to the other parent. This is a way to make sure the burden of parenting is shared equally and that the child is well cared for.
If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.