Family Law in New Mexico: What You Need to Know

New Mexico family law addresses the issues that matter most to families, including divorce, child custody and timesharing, child support, property division, domestic violence, adoption, and guardianship.

New Mexico is a no-fault divorce state, meaning a marriage may be dissolved based on irreconcilable differences. At least one spouse must have lived in New Mexico for six months before filing for divorce. When children are involved, courts determine custody and timesharing based on the best interests of the child, and parents are generally required to submit a detailed parenting plan.

Child support is calculated using statewide guidelines that consider each parent’s income, parenting time, and the child’s needs. Because New Mexico is a community property state, most assets and debts acquired during the marriage are divided equally unless proven to be separate property. Courts may also award spousal support based on income disparities, the length of the marriage, and each spouse’s ability to be self-supporting.

In cases involving domestic violence, individuals may seek orders of protection, which can also impact custody and visitation. Families may also pursue adoption or guardianship, each requiring specific legal procedures, consent, and court approval.

Whether initiating or responding to a family law case, New Mexico courts require specific forms, financial disclosures, and proper service of process. Many cases also involve mediation or settlement facilitation before a judge issues final rulings.