Statutory Reference to New Mexico Statutes Annotated:

Residence: § 40-4-5

Divorce: §§ 40-4-1, 40-4-2

Property Division: § 40-4-7

Alimony: § 40-4-7

Custody: §§ 40-4-9, 40-4-9.1

Visitation: § 40-9-1 et seq.

Child Support: § 40-4-11.1

 

Residence:

One of the spouses must have been a resident of New Mexico for at least six months immediately preceding the filing, and have a home in New Mexico.

 

Grounds:

No fault: Incompatibility because of discord and conflicts of personalities such that the legitimate ends of the marriage relationship have been destroyed, preventing any reasonable expectation of reconciliation. 

Fault: (1) adultery; (2) abandonment; (3) cruel and inhuman treatment; (4) incompatibility.

 

Distribution of Property:

Each spouse retains his/her separate property acquired before the marriage. Separate property comprises property designated as such by written agreement, gifts, or inheritances.  Community property shall be divided equally between the parties.  "Quasi-community property," defined as property acquired outside of New Mexico which would be community property if acquired in New Mexico, shall also be divided equally.

 

Alimony/Spousal Support:

Either spouse may be awarded a just and proper amount of maintenance, without regard to marital fault.  Eleven factors are considered, including duration of the marriage, spouses' current and future earning capacities, good faith efforts to maintain employment or become self-supporting, needs and obligations of each spouse, age and health of each spouse, amount of property each spouse owns, standard of living during the marriage, medical and life insurance maintained during the marriage, assets of the spouses, each spouse's liabilities, any marital settlement agreements. 

 

Child Custody/Visitation:

There is a presumption that joint custody is in the best interests of the child.  The court may award joint or sole custody as in the best interests of the child, upon consideration of five enumerated factors. 

 

Child Support:

Child support guidelines are based on the Income Shares Model, calculated on gross income.