New Mexico handles divorce as a no-fault state primarily based on incompatibility, with courts prioritizing the child’s best interests for custody and equitable distribution for alimony and property. Residency requires at least one spouse to live in the state for six months before filing, followed by a 30-day waiting period.​
Child Custody Decisions
Courts decide custody using the “best interests of the child” standard under NMSA § 40-4-9, considering factors like parental fitness, child stability, sibling bonds, and willingness to foster the other parent’s relationship. Joint custody is presumed unless evidence shows harm; sole custody requires proving unfitness.​
Parenting plans must detail schedules, holidays, and decision-making; modifications need substantial changes in circumstances.​
Alimony Guidelines
Alimony (spousal support) is discretionary and equitable, not automatic, based on need, ability to pay, marriage length, standard of living, age, health, earning capacity, and fault if proven (e.g., adultery, cruelty).​
Types include transitional (short-term rehabilitation), rehabilitative, or indefinite for long marriages; duration often halves marriage length, but courts tailor awards case-by-case.​
Court Process Overview
File a Petition for Dissolution in district court; uncontested cases finalize quickly via agreement, while contested ones go to trial with discovery and hearings. Property divides equitably (not equally), including debts.
SOURCES
[1](https://nmdivorcelawyers.com/how-to-get-divorce-new-mexico/)
[2](https://selfrepresentation.nmcourts.gov/divorce/)
[3](https://www.newmexicolegalgroup.com/faq/what-are-the-new-mexico-divorce-laws/)
[4](https://law.justia.com/codes/new-mexico/chapter-40/article-4/section-40-4-5/)
[5](https://hellodivorce.com/divorce-in-new-mexico/everything-to-know-about-divorce)
