New Mexico is a community property state. This means that any property that belongs to the marriage must be split equally between the spouses when they divorce. Likewise, all debts incurred during the marriage (with the exception of gambling debts) belong to both spouses equally.
How do you protect your privacy in a divorce?
- Use Mediation. The best way to protect your privacy is to stay out of court.
- Seal Your Case. An attorney can also file a court request to seal your case.
- Change Your Passwords.
- Protect Your Documents.
- Avoid Social Media.
- Your Attorney.
What am I entitled to in a divorce in New Mexico?
New Mexico is a “community property” state and also an “equitable distribution” state. This means that marital assets and debts are generally split 50/50 between the spouses unless another division is agreed by the spouses.
Is New Mexico a no-fault state in divorce?
In New Mexico, you can get a no-fault divorce or a fault-based divorce. A no-fault divorce is when you file for divorce without saying that your spouse is responsible for the end of the marriage. A judge will grant you a no-fault divorce due to incompatibility.
Are divorce records public in New Mexico?
Divorce records in New Mexico are regarded as public records. Public records in New Mexico can be accessed and viewed by any member of the public. The only exceptions to this rule are records that have been sealed by a court order.
What states honor the Homewrecker law?
Only Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah still recognize either of these causes of action. And even in these states, there are usually heat balm statutes that limit the amount the injured spouse may recover.
How does adultery affect divorce in New Mexico?
In some states, there are waiting periods and adultery can affect those. There is no waiting period in New Mexico, and adultery is not an issue in the state. Divorces by agreement can be literally entered within days of all of the paper work being completed properly and submitted to the Court in New Mexico.
Is infidelity illegal in New Mexico?
Adultery is not illegal in New Mexico, and the state does not have a legal definition for it. However, adultery generally means one spouse has had voluntary sex with someone other than a legal spouse.
Is there spousal support in New Mexico?
Yes. Alimony, which is also called “spousal support” in New Mexico, may be awarded in a divorce case, but the burden is on the spouse seeking support to show why alimony is needed.
Does New Mexico have dower rights?
New Mexico is a community property state. The traditional legal concepts of dower and curtesy have been abolished in New Mexico, as they have in most states.
Who keeps the house in a divorce in NM?
In New Mexico, all property acquired during the marriage is considered community property and must be divided equally. That means if you purchased your home after you were married, you and your spouse share equal ownership. This gets more complicated if one party owned the home before the marriage.
What happens to a 401k in divorce?
How Are 401(k)s Typically Split During a Divorce? Any funds contributed to the 401(k) account during the marriage are marital property and subject to division during the divorce, unless there is a valid prenuptial agreement in place.
How long do you have to be separated before divorce in New Mexico?
In order to file for dissolution of marriage, the husband and wife have to be permanently separated and no longer live together as husband and wife. If there are no minor children involved and the spouses wish to waive the thirty (30) day waiting period, the spouses must have been separated at least thirty (30) days.
How long does a divorce take in NM?
How long does a divorce take? Providing you can meet a few general requirements, there is a reasonable chance that your divorce can be settled within 30 to 90 days of filing the paperwork in New Mexico.
How do I find court records in New Mexico?
- Contact Information. Phone: 505-348-2020.
- Requesting Copies of Records. Your request must be in writing and can be made via email, mail, fax, or in person to the Records Section at the U.S. District Court Clerk’s Office.
- Archived Records.
- Audio Files.
- Expungement of Record.
How much does it cost to file for divorce in NM?
Divorce Filing Fees in New Mexico The 2022 statutory filing fee for divorce in New Mexico is $137. (N.M. Stat. §§ 34-6-40, 40-12-6 (2022).) If you can’t afford to pay the filing fees, you can ask the judge to waive the fees.
Can you sue the person your spouse cheated on you with?
The only tortious action a person can file now against the person their spouse cheated on them with is a claim for intentional infliction of emotional distress. Filing these actions during a divorce, or afterwards, is difficult.
Can you sue for alienation of affection in New Mexico?
New Mexico: Yes, alienation of affection lawsuits can still be brought.
Can I sue the other woman for destroying my marriage?
In an alienation of affection lawsuit, you can essentially sue a third party for breaking up your marriage. All you have to do is prove that: Love and affection existed in the marriage. This love was alienated and destroyed.
What is considered cheating in a divorce?
What is considered infidelity? The legal term for cheating on a spouse is often referred to as adultery. It is a voluntary relationship established between an individual who is married and someone who is not the individual’s married partner without the partner knowing.
How long after a divorce can you remarry in New Mexico?
You are not officially divorced until a judge has signed the divorce decree and the decree is filed with the District Court Clerk’s office. Once you are officially divorced in New Mexico, there is no mandatory waiting period before you can remarry.
How long does alimony last in New Mexico?
While alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).
How does New Mexico calculate child support?
The court orders a flat percentage of 25% of the non-custodial parent’s income to be paid in child support to the custodial parent.
Is New Mexico an equitable distribution state?
New Mexico is a community property state meaning that we look at the assets and the debts and allocate them in a way that makes sense to the parties and we try to divide the assets 50/50. It is also equitable distribution state though.
Is inheritance community property in New Mexico?
In a New Mexico divorce, there is a rebuttable presumption that all property that is acquired during marriage, with the exception of inheritances and gifts, is community property and is therefore subject to an equal division between the parties.