New Mexico State Laws
Updated for 2026
New Mexico Divorce Laws
Your complete guide to divorce in New Mexico. Community property state with 6-month residency.
Understanding New Mexico Divorce Law
Property Division
New Mexico is a Community Property state.
50/50 SplitGrounds for Divorce
No-Fault: Incompatibility
Fault or No-FaultChild Custody
Courts consider best interests factors.
Best InterestsChild Support
Uses the Income Shares Model.
Income Shares ModelChild Custody Factors
1
Wishes of parents and child
2
Interaction with parents and siblings
3
Adjustment to home, school, community
4
Mental and physical health of all parties
5
Past pattern of parental involvement
6
Any history of abuse
7
Any evidence that would suggest danger to child
Spousal Support
Rehabilitative Spousal Support
For education or training
Transitional Spousal Support
For adjustment period
Spousal Support
Long-term support
Key Statutes
NMSA 40-4-1
Grounds for Divorce
Incompatibility
NMSA 40-4-7
Property Division
Community property division
NMSA 40-4-9
Child Custody
Best interests standard
Recent Changes
2024
Shared Parenting Updates
New Mexico updated shared parenting guidelines.
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