Looking for New Mexico’s rules on marriage, divorce, child custody, and child support? Want to find New Mexico’s state court forms and instructions and local court websites? Here’s where to start. For a wide range of other articles on family law in New Mexico, see the Resources by State section on this site.
Marriage Rules in New Mexico
Requirements: No blood test required. You must be of the age of consent, not be too closely related to your intended spouse, not be married to anyone else, and have sufficient mental capacity, meaning you understand what you are doing when you marry. You can marry immediately after your marriage license is issued. For more details, check your county clerk’s office.
Common law marriage: No.
Community property: Yes.
Same-sex marriage: No.
New Mexico Divorce Rules
Grounds for divorce: Fault or no-fault grounds are allowed.
Residency requirement: At least one spouse must be a resident of New Mexico for six months before filing for divorce.
How property is divided: Community property.
Child Custody Rules in New Mexico
Child custody guidelines: New Mexico courts begin with a presumption that it’s best for a child to have frequent and continuing contact with both parents after a divorce. If possible, judges want to support joint custody arrangements.
New Mexico Child Support Rules
Child support guidelines: New Mexico requires all parents to support their children. The amount of child support depends primarily on each parent’s income and other resources and how much time each parent spends with the children.
Child support calculators to determine state guidelines: www.alllaw.com/calculators/childsupport/New_Mexico.
State child support enforcement agency: Child Support Enforcement Division, www.hsd.state.nm.us/csed.
New Mexico Courts and Other Family Law Resources
New Mexico court information and family law forms: www.nmcourts.gov.
Family services section of New Mexico website: www.cyfd.org.
