Frequently Asked Questions About New Mexico Divorce & Family Law

If you can communicate amicably with your spouse, you are more likely to be able to arrange a quick divorce with manageable costs. If the divorce is contentious, it will take longer and cost more. Read More

How much your divorce will cost is the number of hours that your lawyers require to help resolve issues and draw up the necessary paperwork. Read more

There is a filing fee of $135-$155 to open a divorce case in the New Mexico courts and there may be additional filing fees for each individual pleading. Read more

Once you are officially divorced in New Mexico, there is no mandatory waiting period before you can remarry. Read more

Before you file for divorce in New Mexico, it helps to understand what the relevant laws say and the basic requirements you must meet before filing papers. Read more

Divorce in New Mexico will be granted if incompatibility between spouses, abandonment, adultery, or cruel and inhumane treatment has occurred. Read more

During a divorce, each party is allowed to keep any separate property they acquired before the marriage and after a legal separation. Read more

In New Mexico, parents have the option of reaching a child support agreement on their own or to have it decided by the court. Ideally, child support obligations of each parent are fairly based on their financial circumstances and adequately cover all of the child’s needs. New Mexico has its own set of guidelines when calculating child support. You can use this CHILD SUPPORT CALCULATOR when estimating your potential payments.

Either spouse is eligible to receive alimony or spousal support based on their respective circumstances. Read more

If a criminal or family law court determines that you have committed acts of domestic violence, it will affect your child custody rights. If it is believed that you pose a danger to your child, the court may deny visitation or allow minimal supervised visits. This is why it is so important to get an experienced attorney involved in your case as soon as possible. Often, based upon what occurred between the parties, a counter-petition may need to be filed against the accuser. Read More

A criminal domestic violence case is handled by the state prosecutor. Domestic violence cases are classified as misdemeanors or felonies, depending on the severity of the actions that are being alleged. A criminal case conviction could lead to serving time in jail or prison.

In a civil domestic abuse case, the accused will have a temporary order of protection issued against him that prevents him from having contact with the accuser. Within a short period of time, the case will be set for hearing. From there your attorney will prepare you for your hearing as well as attempt to negotiate a favorable resolution for you. If it is determined that domestic abuse occurred at the hearing, however, an order of protection will be issued that can last for an indefinite period of time.

New Mexico does allow modifications to an existing child custody agreement if certain requirements are met. Read more

Child support orders can be changed in New Mexico if there has been a material and substantial change in circumstances. Read more.