New Mexico is a community property state. Community property will be split 50/50. The Court presumes all property of the parties is community property unless a party can prove a particular asset is separate property. Inheritances, gifts and property acquired prior to the marriage are examples of separate property.
Debts too are presumed to be community and will be divided 50/50 unless a party has evidence proving the debt is the separate debt of one of the spouses. New Mexico law does also allow the divorce court, however, to declare any particular debt to be "unreasonable". For example and by way of illustration only, the court could find that a gambling or tax debt incurred by one of the spouses was "unreasonable", and then assess the debt entirely against the party that incurred the debt.
Parties to contested divorce cases should be well aware of the "Temporary Domestic Order", which is a standardized Order all divorce courts in the State of New Mexico automatically sign and issue with the Summons. The Temporary Domestic Order ("the TDO") is intended to preserve the status quo and protect the marital estate while the divorce is pending. The TDO is binding on the Petitioner when it is issued by the Court. It is binding on the Respondent 2 days after being served on the Respondent. The TDO specifies that ". . . . .actions taken by either party that are contrary to the terms of this order are subject to redress by the Court, including costs and attorney's fees."
The TDO prohibits both parties from interfering with the other's relationship with the children, moving with the children or changing things like their school or doctor while the divorce is pending. It prohibits both parties from incurring "unreasonable or unnecessary" debts while the divorce is pending. It prohibits all transactions regarding the marital estate except those ". . . . in the usual course of business or for the necessities of life." Violating the Temporary Domestic Order can cause a lot of problems in a divorce, resulting in Litigation.
Parties to contested divorce cases should also be well-aware of New Mexico's Rule of Civil Procedure #1-123, also discussed on our Litigation page. This court-rule mandates an early exchange by the spouses of their contentions as to the extent, nature and value of the marital estate, whether they are claiming property as separate or community. The rule is intended to streamline the divorce process and allow for an early identification of the primary disputed issues in the case. At The Childress Law Office we believe the parties should make thorough use of this rule to minimize the expense and delay of divorce proceedings.
Ready to get started ? Go to Let's Get Started and explore our website.
