A New Mexico divorce, or dissolution of marriage, can be filed by either spouse to end the marital relationship. Upon completion of a New Mexico divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, alimony (spousal support) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested New Mexico divorce without the expense of an attorney.
Types of Divorce in New Mexico
Marital Settlement Agreements
Marital settlement agreements and contracts for separation may be made to effectuate a divorce in New Mexico. Such agreements must be in writing. Any marital settlement agreements should be recorded in the county where the spouses reside.
Alternatives to Divorce in New Mexico
A legal separation can be filed by a married person who wishes to maintain the marriage but physically separate and try to resolve any problems in the marriage. An action for legal separation may be filed when there has been a permanent physical separation of the spouses. All of the issues resolved in a divorce such as custody, child support, alimony, and property allocation are also resolved in a legal separation.
An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status (as if they were never married). Spouses can't receive an annulment through mutual agreement. The Court must independently allow an annulment. An annulment differs from divorce in that the grounds for the annulment must exist at the time of marriage.