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Divorce
Forms |
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 When
you married, you exchanged vows that indicated
a lifetime commitment. Now that seems less than
real. Take
a deep breath. If nothing else, we'll give you
some answers and ease your anxiety. If you're
having a tough time coping, perhaps you should view
this page first.
Child Support
New Mexico
divorce laws requires that you submit a parenting
plan (which includes child support amounts) to
the court in petitions for separation or divorce
involving minor children. And yes, this plan must
be jointly agreed to by you and the soon-to-be-ex.
If you can't agree, or if one refuses to participate,
the court has a plan, and it will likely be less
than what you bargained for. So...hammer out an
agreement. New Mexico Family Law statutes provide
a calculation of child support based on the income
shares model, which dictates that both parents
incomes be factored in. A proportionate amount
of the total will be assigned to each parent.
The court may
require the use of a different parenting plans.
The parties will need to check with the clerk
of the court to determine the appropriate form
prior to completing a parenting plan. The cost
of providing medical and dental insurance for
the children of the parties and the net reasonable
child-care costs incurred on behalf of these children
due to employment or job search of either parent
will be paid by each parent in proportion to his
income, in addition to the basic obligation.
The child support may also
include the payment of the following expenses
not covered by the basic child support obligation:
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any
extraordinary medical, dental and counseling expenses
incurred on behalf of the children of the parties.
Such extraordinary expenses are uninsured expenses
in excess of one hundred dollars ($100) per child
per year; any
extraordinary educational expenses for children
of the parties; and transportation
and communication expenses necessary for long
distance visitation or time sharing. In shared
responsibility situations, each parent retains
the percentage of the basic support obligation
equal to the number of twenty-four-hour days of
responsibility spent by each child with each respective
parent divided by three hundred sixty-five.
Custodial parents will
have the opportunity to enroll for New Mexico's
Prepaid Debit Card and receive their child support
payments on the cards instead of waiting for the
child support checks to arrive through the mail.
The money owed to you goes directly to your card
account and the card is as good as cash. You can
use your NM Prepaid Debit Card for everyday purchases
anywhere Visa debit cards are accepted: grocery
stores, pharmacies, child care centers, dental
offices, kid's stores, restaurants, and online
for mail order and catalog purchases. You can
also use your card to get cash at ATMs, but remember
funds are limited to the amount of your child
support payments and are deducted for every purchase
or withdrawal.
If a marriage separation
(sometimes referred to as a marital separation
or legal separation) has been decreed, the court
may make such further orders for the support and
maintenance of either spouse and for the support,
maintenance, and education of minor children,
by either spouse, or out of the property of either
spouse, as the court deemed appropriate.
New Mexico divorce laws
provide that in cases where a marriage annulment
or marital annulment is sought, and there are
children of the marriage, that those children
be afforded the same rights, protections and parental
financial support, including that the children
are not considered illegitimate offspring of the
parents, that other children of the state receive.
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Child Custody
In any case in which a judgment
or decree will be entered awarding the custody
of a minor (divorce and separation), the district
court will, if the minor is under the age of fourteen,
determine child custody in accordance with the
best interests of the child. The court will consider
all relevant factors including, but not limited
to:
»the wishes of the child's parent
or parents as to his custody;
»the wishes of the child as to his custodian;
»the interaction and interrelationship of the child
with his parents, his siblings and any other person
who may significantly affect the child's best
interest;
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»the
child's adjustment to his home, school and community;
and the mental and physical health of all individuals
involved.
New Mexico divorce laws
provide that if the minor is fourteen years of
age or older, the court will consider the desires
of the minor as to with whom he wishes to live
before awarding child custody of such minor. Whenever
testimony is taken from the minor concerning his
choice of custodian, the court will hold a private
hearing in his chambers. The judge will have a
court reporter in his chambers who will transcribe
the hearing; however, the court reporter will
not file a transcript unless an appeal is taken.
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Visitation/Co-Parenting
The couple
has the opportunity to fashion a visitation (parenting)
agreement between them during the process of getting
a divorce or legal separation. In particular,
the visitation will cover the time the children
spend with the non-custodian and the details about
those times. If the couple is unable to agree
on a visitation schedule, the court will impose
one. Typical in a visitation agreement are allowances
for the following: alternate weekend visitation
(3-day weekends included), mid-week visitation,
sharing of the children during periods of school
recess -winter, spring and summer, New Year's
Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving,
and Christmas with one parent or the other in
alternate years, Father's Day with Father, Mother's
Day with Mother, alternate years on the children's
birthdays, and open communication by phone and
computer.
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Whether
the agreement is constructed by you and your spouse,
or it is done by the court, you'll want to be
certain these issues are addressed: Be as specific
as you can including the right language in your
agreement. How is the decreed custody defined?
What are the rights and responsibilities? Who
has legal custody? Which holiday does the child
spend with you? What time and where may the other
parent pick the child up? What time should the
child be returned home? What is the procedure
to follow if either of you are running late and
won't be there on time? How much notice should
you be given if they are planning a vacation?
How far away may the other spouse move? What about
future partners? Should those partners stay overnight
in front of the children?
Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child
Custody Strategies.
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Alimony/
Maintenance/ Spousal Support
In proceedings
for the dissolution of marriage, separation or
support between husband and wife, the court may
make an allowance to either spouse of the other
spouse's separate property as alimony (also referred
to as spousal support or maintenance) and the
decree making the allowance shall have the force
and effect of vesting the title of the property
so allowed in the recipient.
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You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends,
and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading. This site has a Bookstore sponsored by Amazon.com, where you can find some fabulous books on just about every consideration surrounding divorce. Spend some time and a few bucks to help yourself get through this nightmare in one piece.
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Grounds
For Divorce
Grounds
for divorce in New Mexico are: 1. incompatibility;
2. cruel and inhuman treatment; 3. adultery; or
4. abandonment. Essentially, one can receive
a "no-fault" divorce via the incompatibility assertion,
or one can choose to file fault charges. |
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Marriage
Annulment
Marital Annulment
An marriage
annulment of a marriage in New Mexico renders
the marriage void, illegal and should never have
taken place. The process of getting an annulment
(sometimes referred to as a marital annulment)
is similar to dissolutions and separations in
that one petitions the court and serves the other
party. Annulments tend to be more difficult to
obtain because one must prove grounds for annulment
existed. Grounds for an annulment in New Mexico
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Fraud-
If your spouse has married you by employing fraud
or misrepresented him or herself, you can get
annulment under New Mexico annulment laws, Physical
Disability- According to New Mexico annulment
laws, you can file for annulment if your spouse
has some physical disability and it is adversely
bearing on your marriage, Duress- If you have
been threatened or forced into a marriage, you
can obtain annulment according to New Mexico annulment
laws, Mental Incapacity- Under New Mexico annulment
laws, annulment is legal if your spouse is mentally
ill and it is adversely affecting your married
life.
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Marriage
Counseling/
Mediation
While not mandatory, New
Mexico divorce statutes allow its courts to have
the latitude to require the parties complete a
domestic relations mediation program. The parents
would pay the cost of the domestic relations mediation
program. Marriage counseling is not integrated
into the divorce process, but should be considered
by most parties.
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Legal
Separation/
Marital Separation
New Mexico divorce laws
allow that a legal separation is recognized in
this state. If a husband and wife permanently
separate, either may start proceedings in the
district court for the determination of property
division, child custody and support, or alimony.
A legal separation agreement is a written contract
dividing your property, describing your rights
and settling issues such as spousal and child
support, alimony, disposition of assets and child
custody. |
The
legal separation (sometimes referred to as a marital
separation) allows the parties to live separate
lives, resolving all issues between them except
marital status. The legal separation can be converted
to a dissolution by either party upon application
to the court. Legal separation is most often pursued
when one of the parties wants to stay married
for religious reasons, wants the advantage of
deductibility of spousal support payments for
income tax reasons, wants to maintain various
insurance coverage's, or do not want to wait the
state statutory waiting period for termination
of marital status.
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Waiting
Period
A minimum of thirty (30)
day waiting period after the service of the complaint
must have elapsed before the court will grant
a divorce (excluding hardship cases). There are
no provisions to restrict one from getting re-married
following a New Mexico final divorce decree, although
you may wish to give another marriage more consideration.
After all, if it's meant to last a lifetime, a
few months won't make a difference. |
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Grandparents Rights
Federal
law allows the petitioning of the court by grandparents
seeking visitation. The district court can grant
visitation privileges to a grandparent of a minor
child (that does not conflict with the child's
education or prior established visitation or time-sharing
privileges). New Mexico divorce statutes reaffirm
this right.
State
Fact Sheets for Grandparents and
Other Relatives Raising Children |
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Divorce
Settlement
You will be
afforded the opportunity to put together a divorce
settlement with your spouse without interference
from anyone. Should you be unable to reach a divorce
agreement on assets and liabilities, the court
will determine the division.
The court
can order a division of assets both during and
after the proceedings. Prior to the final decree,
the court may recognize the need of one party
to have access to assets so that they may efficiently
prepare and present their case.
At a final hearing, the
court may allow either party such a reasonable
portion of the spouse's property or such a reasonable
sum of money to be paid by either spouse either
in a single sum or in installments, as spousal
support as under the circumstances of the case
may seem just and proper, including a court award
of: 1. rehabilitative spousal support that provides
the receiving spouse with education, training,
work experience or other forms of rehabilitation
that increases the receiving spouse's ability
to earn income and become self-supporting. The
court may include a specific rehabilitation
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plan
with its award of rehabilitative spousal support
and may condition continuation of the support
upon compliance with that plan; 2. transitional
spousal support to supplement the income of the
receiving spouse for a limited period of time;
provided that the period shall be clearly stated
in the court's final order; 3. spousal support
for an indefinite duration; 4. a single sum to
be paid in one or more installments that specifies
definite amounts, subject only to the death of
the receiving spouse; or 5. a single sum to be
paid in one or more installments that specifies
definite amounts, not subject to any contingencies,
including the death of the receiving spouse.
Did you come into this
marriage owning a house? Concerned about the equity
in that house that you brought into the marriage?
Here's how it works generally. What you brought
into the marriage is usually all yours. However,
any appreciation of the house or the property
value is normally treated as a "marital asset",
meaning that you will likely forfeit a third to
a half of that appreciation to your spouse in
the divorce.
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Residency
Requirements
According to New Mexico
divorce laws, at least one of you must have established
New Mexico residency (lived in New Mexico for
at least six months before filing an action to
end a marriage). As is the case in all other states,
military personnel may file in New Mexico as long
as they have met the six month threshold despite
being residents of another state.
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