New Mexico

Marriage & Family Law Home

In the state of New Mexico, during any proceeding for the dissolution of marriage, or following, the court may attach or grant separately, an order for spousal support, otherwise known as alimony. ....... Click here to get more info on Alimony

The gross income of a parent means only the income and earnings of that parent and does not count the income of spouses.

"Gross income" includes income from any source such as income from salaries, wages, tips, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, significant in-kind benefits that reduce personal living expenses, prizes and alimony or maintenance received, and more, given that:

• "Gross income" does not count benefits received from public assistance programs or child support received by ....... Click here to get more info on Child Support

In determining joint custody order, the court shall consider the following factors:

• the child's relationship with the parents



• whether each parent is able to care for the child



• whether each parent is willing to accept all responsibilities of parenting



• whether the child can best maintain a relationship with both parents through consistent contact



• whether the child's development will benefit from involvement from both parents



• whether each parent is able to allow the other to provide care without intrusion



• the suitability to implement joint custody



• geographic distance between the parents



• ability of the parents to cooperate regarding the needs of the child



• whether either parent has engaged in acts of domestic abuse against any household member.

When custody is contested, the court will refer that issue to mediatio ....... Click here to get more info on Custody

For New Mexico, the spouse seeking the divorce must have lived in the state for a minimum of 6 months before they can file for a divorce. ....... Click here to get more info on Divorce

New Mexico law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case. A person may also file a petition for visitation on its own. The court will examine whether a visitation arrangement is in the best interests of the child. The factors considered include:

• The parent's’ and child’s wishes as to custody



• The interaction and relationship between the child and both parents, any s ....... Click here to get more info on Visitation

In New Mexico, marital property, or property acquired during the marriage, is distributed equally (50-50) to each party unless the court finds such a division to be inequitable or parties agree to a different formula under which to divide property. ....... Click here to get more info on Property Division