New Mexico Family Law Resources

For men and fathers navigating the divorce process, it can be challenging to fight for what you believe is fair for yourself and your children. Cordell & Cordell recognizes the unique complexities men face, which is why we work to represent men at every stage of this process. By understanding New Mexico family laws on divorce and custody, you gain the knowledge you need.

Below are some resources for New Mexico family law you can use about the divorce process. We encourage you to contact your divorce attorney to create a strategy that’s applicable to your situation.

• Video: Hiring An Albuquerque Divorce Lawyer
• Divorce in New Mexico – FAQs
• New Mexico Child Support Calculator Case Example

New Mexico Divorce Process

The New Mexico divorce process, called a Dissolution of Marriage, requires the following:

• One party files a petition with the district court in the county where they live requesting the dissolution of marriage. It may also be filed in the county the spouse lives in if it is in a different county. The question of which county to file in should be considered as there may be advantages to one over the other. Copies of the petition must be served on the spouse as well.
• Both parties do not have to agree on the divorce.
• When applicable, decisions about property division, child custody, child support, and spousal support are negotiated with the settlement reflected in a Marital Settlement Agreement and a Parenting Plan. If that does not happen, a trial is held for a judge to rule on these issues.
• During the divorce process, there may be specific issues that arise that would require a series of court appearances, where these matters are resolved.
• At the conclusion of the matter by either settlement or a trial a judge issues the dissolution of marriage, ending the marriage officially.

Requirements to File For Divorce in New Mexico

• Either party must have resided in the state for at least six months immediately preceding the date of filing.
• Members serving in any military branch of the U.S. government who have been continuously stationed in any military base or installation in New Mexico for six months may also file for divorce in the state.
• Any member of the military who was a resident in New Mexico for at least six months immediately prior to their spouse’s entry into any military branch of the United States government may also file for divorce in New Mexico.

Related Article: New Mexico Divorce Process Overview: New Mexico Residency Requirements

Grounds for Divorce in New Mexico

On the petition of either party to a marriage, a district court in New Mexico may decree a dissolution of marriage on any of the following divorce grounds:

1. Incompatibility;
2. Cruel and inhuman treatment;
3. Adultery
4. Abandonment.

While all grounds are in the statute, incompatibility is by far the ground that is normally utilized.

Related Article: New Mexico Divorce Requirements

New Mexico Property Division Process

New Mexico is a community property state. That means all debts and assets acquired during the marriage are divided equally. To achieve this, accurate values for assets and debts are calculated and then divided evenly. This includes all assets of value, including retirement accounts, savings accounts, real estate, cars and other personal property.

In situations where one spouse wants to keep one type of asset, they must buy out the other party. That includes the marital home. Sometimes this can be resolved by offset with another asset.

Separate property typically includes:

• Property one party inherited;
• Property one party purchased prior to the marriage;
• Gifts given to one spouse; and
• Pain and suffering damages.

There are situations where separate property may become community property. Specifically, it becomes community property when it is commingled with community property, and there is no simple way to trace it. If one spouse brings money into the marriage and puts it into a joint savings account, with both spouses’ names on it, and the value of the account grows over time with additional funds added, it may be considered community property. This is called transmutation where the character of the property is changed from separate to community.

Related Article: New Mexico Divorce: Division of Property and Debt

New Mexico Child Custody Laws

In New Mexico, child custody is determined based on what is in the best interest of the child. Section § 40-4-8 et. seq. of the New Mexico Statutes address custody. The areas encompassed by custody are legal custody and timesharing. The presumption in New Mexico is that joint legal custody is in the best interests of children such that both parents are involved in the major decisions of a child’s life. These areas of joint decision making are:

• Medical and Dental providers
• Education
• Childcare providers
• City and state of residence
• Extracurricular activities.

Timesharing is the amount of time the child spends with each parent. New Mexico courts routinely have shared responsibility arrangements where parents each have significant periods of time. These joint physical custody arrangements are common when parents can collaborate and work effectively in co-parenting. If the child is 14 years or older, the court shall consider the child’s desire of where he or she wishes to live. Other factors the court considers in crafting a timesharing schedule include:

• Each parent’s wishes
• The interaction and relationship of each parent with the child and siblings
• The child’s current adjustment to home, school, and community
• The mental and physical health of the child
• Each parent’s willingness to cooperate
• Any history of violence, substance misuse, or abuse
• Parent work schedules

Sole custody, while legally available, is not commonly used and does vest one parent with all the decision making power and sets a reasonable visitation schedule in the best interests of the child.

Related Article: Child Custody and Visitation in New Mexico Divorce

New Mexico Child Support

In New Mexico, the court expects both parents to contribute to the child’s needs. Under NMSA 40-4-11.1 – Child Support Guidelines, child support is money one parent pays the other to help with the cost of raising that child. As noted by the State of Mexico, the following factors determine how much one parent pays the custodial parent:

• The gross income, before taxes, for each parent;
• The number of children;
• The time each parent spends with and is responsible for the child;
• Any court-ordered child support paid by either parent to another family;
• Work-related childcare costs;
• Medical insurance costs;
• The New Mexico Child Support Guidelines

In 2024, a modernization of the child support guidelines was issued by the state, allowing for the support of non-custodial and custodial parents. The changes consider more current economic data on the cost of raising a child and introduced a self-support reserve for paying parents.

The new guidelines do not change existing child support orders, but in situations where modifications occur, those earning less may pay less. The guidelines consider the current labor market and remove the required $5-per-month payment for children covered by Medicaid or other public insurance programs. The guidelines aim to make it easier to ensure that both parents are paying fairly toward the child.

Related Article: New Mexico Child Support

New Mexico Spousal Support

New Mexico awards spousal support based on the need of one party and the ability to pay of the other. To receive spousal support, or alimony, one spouse must request it and justify its need. They must note whether their need is temporary or indefinite. Most often, spousal support is available to those who have been in the marriage for an extended period where there is clear evidence that one party needs support coupled with a clear ability to pay by the other party.

Most are temporary agreements to provide time for the spouse to gain financial stability by earning the income needed to maintain a reasonable standard of living. Factors the court look at include:

1. Age
2. Health
3. Education
4. Earning history
5. Earning capacity
6. Property each spouse is receiving in a divorce.

For marriages of twenty (20) years or more the courts retain jurisdiction over spousal support when support is awarded.

Related Article: Spousal Support in New Mexico

Why Work With Cordell & Cordell

Cordell & Cordell recognizes the essential needs of men and fathers navigating the divorce process. With over 30 years of experience and thousands of people represented, we have worked to build resources and tools to help men specifically have the experienced legal support they need during this often-complicated period. We understand that men often face unfair challenges in family law, and we believe in leveling the playing field through the use of extensive legal representation.

Client Experience

“All around, [my attorney] did exceptionally well for me. He got everything I was fighting for, he communicated with me well, and it was just all around a great experience.” — Dale D.

“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C.

Providing a Fresh Start to New Mexico Families

If you are facing divorce in New Mexico, you should contact a New Mexico divorce lawyer to protect your rights. Cordell & Cordell Albuquerque divorce lawyers are licensed to practice in New Mexico and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-DADS-LAW or use our online contact form to schedule an appointment.

Cordell & Cordell is a law firm located in several states helping men with various family law issues. This page serves as a resource and is not to be taken as legal advice.