Divorce Guide

Divorce Guide

New Mexico Divorce Rights

According to New Mexico divorce rights, any spouse in order to file a divorce case in the state of New Mexico has to fulfill some residency requirements before filing the case. It is mandatory that either of the parties has resided in New Mexico for a at least a period of six months. The spouse can file the petition in the county in which he/she resides. Defense personnel can also file a divorce case in New Mexico if they have served any military installation in the state for a period of six months.

Article four of the New Mexico statutes defines all the grounds which could be utilized by spouses in order to exercise New Mexico divorce rights. These grounds have been divided into two categories- Fault and No-Fault categories. Any petition for dissolution of marriage in New Mexico should declare any of these appropriate grounds in order to initiate the case. The incompatibility between the two parties wherein it is understood that the marriage has been irretrievably broken down and any scope of reconciliation is futile is considered to be a No-Fault ground.

Some of the cases where Fault grounds are invoked are the cases where an inhuman and cruel treatment of the partner is revealed. Adultery and voluntary abandonment of the partner are the cases which are recognized under same grounds.

District court in the state of New Mexico is the court; a spouse can approach to address his/her grievances under New Mexico divorce rights. Approaching the court must possess the petition for the dissolution of marriage and a decree of the dissolution of marriage. The party should also arrange for the domestic relations information sheet, parenting plan and child support obligation, financial affidavit, waiver and consent sheet and an affidavit concerning the child custody before filing the case. District clerk’s office will help the parties concerned to organize their documents and also keeps the two parties informed about all the developments of the case.

Some of the states in the United States of America follow the principle of an equitable distribution of property when it comes to the settlement of the divorce case. New Mexico divorce rights however recognize the principle of community property. Under the community property distribution principle, the property acquired by the couple during the marriage would be equally divided between the two parties after the divorce. Hence each spouse will retain his/her separate property.

After the distribution of property, child support is the issue which is duly recognized by New Mexico divorce rights. Spousal support is also given due recognition. New Mexico divorce rights duly follow the child support guidelines of New Mexico. The guidelines are decided after discussing income shares model to calculate the child support. Property distribution is performed taking into account the child support. No judgment of the court can deviate from the prescribed child support guidelines. Child custody is decided by the court after taking into account the wishes of the child and the parent and the financial resources of the two parties.

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