New Mexico Divorce Laws

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A divorce is a marital dissolution to be carried out by the court in the concerned state. Generally people tend to file such cases in the state where the marriage has occurred. Or, the other option is to file in the state where a couple used to reside after marriage. This is to comply with the residency condition of the states. As per the laws in New Mexico, a period of six months should be the minimum period of residency to be completed prior to making an application for a divorce. There are many grounds for divorce in New Mexico. The other aspects like alimony, alteration in name, are explained below.

New Mexico Divorce Laws regarding Child Support

The Income Shares model is used in this state to calculate the amount of child support. As per this model, initially the total income of both parents is found out. Then, each parent's income is divided by this total to find out the percentage. Now, each parent is responsible to pay this percentage out of the total child support. The total child support is determined from the child support tables on the basis of the total income of the parents. Till the child graduates from high school, the child support continues or attains the age of 19, whichever comes first. If there is a written agreement between the partners, it becomes possible to offer child support for the education and maintenance of liberated children even after high school education is complete.

New Mexico Divorce Laws regarding Child Custody

The sex of the parent is not a deciding factor to award custody. The Court observes the assumption that the best interests of the child are fulfilled by joint custody. However, this does not mean that the child's time will be divided equally amongst the parents or the financial responsibility of the child will be divided equally between the parents. The Court is guided by the following factors regarding allocation of child custody:

• In case the minor child has completed 14 years of age, then the wishes of this minor regarding whom this minor desires to reside are considered by the Court.
• The physical and mental health of all the persons involved with the child.
• The adjustment of the child in the community, in school and at home.
• The relation and interaction of the child along with the siblings, the parents and any other individuals who considerably affect the best interests of the child.
• The desires of the child regarding the custodian.
• The desires of the parents regarding custody.

Spousal support

The maintenance amount may be ordered by the Court on an indefinite, transitional or rehabilitative basis. Prior to determination of the amount, the Court speculates over the following issues:

• Whether the partners have made any agreements regarding legal separation or dissolution of marriage.
• The valuation of the property separated for each partner after property distribution.
• The type and nature of the liabilities and assets of the respective partners.
• The period of marital life.
• The standard of living reached during marital status.
• The maintenance of medical insurance for each partner.
• Whether the partner who would pay support has life insurance.
• The attempts of the partners to become self supporting or continue employment.
• The means of support, the health and the age of the respective partners.

Spousal support is requested in the court by the partner who is in need for it. If the amount is settled between the partners by mutual agreement, the court will approve it by seeing that the interests of both parties have been secured by the provisions. The payment of spousal support is stopped if the beneficiary marries again. In this case, the responsibility of the other partner comes to an end.

Change in name

An individual who resides in this state and has completed 14 years of age may file a petition in the District Court and obtain the order of the Court regarding change of his or her name.

This is the overview of the New Mexico divorce laws. These laws are based on the federal constitution of family laws. But, some changes are made according to the specifications needed by the state government. The nature of a legal separation will decide the duration of the case and usage of provisions. A complicated case may require professional help and a detailed study of the laws.

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