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New Mexico

New Mexico

New Mexico

The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law


Grounds: Adultery; cruelty orviolence; desertion.

Residency: New Mexico domicilerequired plus 6 months residency.

Waiting Period: No specialprovision.

No Fault: Separation (permanent);incompatibility.

Defenses: None listed.

Code Section: 40-4-1, et seq.

Uniform Child Custody Act:1981
Joint Custody:Yes, 40-4-9.1
Grandparent Visitation:Yes, 40-9-2 to 4
Child's Wishes Considered:Yes.
Code Section: 40-4-9

Community Property: Yes, (40-3-4, et seq.; 45-2-102)


Grounds: Underage.

Time Limitation: Underage: Anytimeuntil age of majority.

Legitimacy of Children: Children arelegitimate if marriage declared void.

Prohibited Marriages: Betweenancestor and descendant, brother and sister, uncle and niece,aunt and nephew.

Code Section: 40-1-9


New Mexico Child Support EnforcementBureau
Department of Human Services
2025 S. Pacheco St.
PO Box 25109
Santa Fe, NM 87504
Phone: (505)827-7200
Fax: (505)827-8480

New Mexico Financial InstitutionsDivision
PO Box 25101
Santa Fe, NM 87504
Phone: (505)827-7100
Robert I. LaGrange, Dir.

New Mexico Insurance Department
PO Drawer 1269
Santa Fe, NM 87504-1269
Phone: (505)827-4500
Fabian Chavez, Supt.

New Mexico Office of Vital Records andHealth Statistics
1190 St. Francis Dr.
PO Box 26110
Santa Fe, NM 87502
Responds to public inquiries for birth and death records datingfrom 1919 (incomplete records date from 1900). Charges $10 searchfee for birth records and $5 for death records; includes copy ofrecord if found. Marriage records are filed with county clerks;divorce records are filed with clerk of the district courts,(505)827-2338 or (505)827-0121. For all inquiries, enclose astamped, self-addressed envelope.

Office of Child Support EnforcementRegional Representative (New Mexico)
1200 Main Tower Bldg., Ste. 1700
Dallas, TX 75202
Phone: (214)767-4155

State Bar of New Mexico
121 Tijeras St., NE
Albuquerque, NM 87102
Phone: (505)842-6132
Fax: (505)843-8765
The Bar sponsors a Fee Arbitration Committee, providing consumerswith fee dispute resolution, and a statewide Lawyer ReferralProgram. Maintains a toll-free number, (800) 876- 6227. The Baralso offers Today's Law, a program of prerecorded messagescovering a variety of legal topics, available to touch-tone phonecallers at (800) 950-5543 or 247-2030 in Albuquerque.

Publications: Consumer brochuresinclude What Should I Know About Lawyers and Their Fees; How toSave on Attorney's Fees; Social Security; Divorce and Separationin New Mexico; Lawand Bankruptcy.

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