Divorce Residency Essentials to Get Divorce in New-mexico
When filing for divorce in the state of New Mexico, at least one of the two divorcing spouses must have been a resident of the state for six months or longer and must maintain a home within the state.
Reasons for Divorce in New-mexico
New Mexico offers no-fault and fault-based grounds for divorce. The no-fault grounds are an incompatibility between spouses without foreseeable reconciliation. There are a number of fault-based grounds. Some of the more common include adultery, abandonment, and cruelty. Any of the grounds can be used in both contested and uncontested divorce situations, as well as for both divorces without a lawyer and court-based cases.
Custody of the Children in New-mexico
In the State of New Mexico, the general presumption is that joint legal custody would be in the best interests of the children. Joint legal custody means that both parents are actively involved in making decisions regarding their children's raising and development. If there are disagreements as to how custody should be shared, the court will order mediation. If mediation fails, the court will decide on custody keeping the best interests of the child in mind.
New-mexico Child Support Guidelines
State-regulated child support guidelines apply in almost every case, barring exceptional circumstances. Gross income, child-rearing expenses and time that is spent in each parent’s home will be taken into consideration by the court when the child support obligation is calculated. Child support continues until the child’s 18th birthday, but in some cases, it will extend through the end of the child’s secondary education.
Venue for Divorce Filing
Divorce without a lawyer in New Mexico can be filed in the county that either the plaintiff or the respondent lives.
To expedite the process, the divorcing spouses may decide to submit any issues of contention for arbitration at any time either before or after the divorce is filed. Additionally, parents may choose to enter into child custody mediation to resolve issues that come up regarding child custody. The two parties may proceed with an easy, uncontested divorce if an agreement is reached in mediation, making for an affordable divorce process.
All local court filing fees are charged in addition to the cost of utilizing OnlineDivorceSolutions.com. The court fees may vary from area to area. For more information, you will need to check with your local courthouse and make a note of any required fees.