Ohio Divorce Laws

Residency Requirements for Divorce in Ohio
The spouse filing for divorce or dissolution of marriage must have been a resident of Ohio for at least 6 months and a resident of the county for at least 90 days immediately prior to filing.
[Ohio Revised Code Annotated; Section 3105.03 and Ohio Rules of Civil Procedure; Rule 3].

Legal Grounds for Divorce in Ohio

1. No Fault Divorce:
   1. Incompatibility, unless denied by the other spouse (or)
   2. Living separate and apart without cohabitation and without interruption for 1 year
   [Ohio Revised Code Annotated; Section 3105.01].
2. General Divorce:
   1. Adultery
   2. Imprisonment
   3. Willful desertion for 1 year
   4. Cruel and inhuman treatment
   5. Bigamy
   6. Habitual intemperance (drunkenness)
   7. When a final divorce decree has been obtained outside of the state of Ohio that does not release the other spouse from the obligations of the marriage inside the state of Ohio
   8. Fraud
   9. Neglect
   [Ohio Revised Code Annotated; Section 3105.01].

Legal Separation in Ohio
Legal separation may be sought for the following grounds:

1. Adultery
2. Imprisonment
3. Willful desertion for 1 year
4. Cruel and inhuman treatment
5. Bigamy
6. Habitual intemperance (drunkenness)
7. When a final divorce decree has been obtained outside of the state of Ohio that does not release the other spouse from the obligations of the marriage inside the state of Ohio
8. Fraud
9. Neglect
10. Incompatibility
11. Living separate and apart without cohabitation and without interruption for 1 year

[Ohio Revised Code Annotated; Sections 3105.01 and 3105.17].

Simplified/Special Divorce Procedures in Ohio
Both spouses may jointly file a petition for dissolution of marriage. The petition must:

Be signed by both spouses (and) Have attached to it a separation agreement which provides for: Division of property Spousal support (including, if the spouses desire, the authorization of the court to modify any spousal support terms) Custody, visitation, and child support, if there are any minor children The spouses may include a parenting plan in the agreement. Between 30 and 90 days after filing such a petition, both spouses must appear in court and state under oath that he or she: Voluntarily signed the agreement Is satisfied with the agreement Seeks dissolution of the marriage In addition, settlement agreements are also authorized by statute and may be used in a divorce proceeding. A sample divorce complaint form is contained in Ohio Rules of Civil Procedure, Appendix of Forms, Form #20. In addition, separation agreements are specifically authorized. Finally, there may be local court rules which apply to divorce proceedings in Ohio. [Ohio Revised Code Annotated; Sections 3105.03, 3105.10, and 3105.61-65 and Ohio Rules of Civil Procedure; Appendix of Forms]. Divorce Mediation or Counseling Requirements At the request of either spouse or on the court's own initiative, the court may order the spouses to undergo conciliation procedures for up to 90 days. The court will set forth the procedures and name the conciliator. In addition, the court may order that parents attend mediation sessions on issues of child custody and visitation matters. [Ohio Revised Code Annotated; Sections 3105.091 and 3117.01+]. Divorce Property Distribution Ohio is an "equitable division" state. Each spouse retains her or his separate property, including gifts, inheritances, property acquired prior to the marriage, income, or appreciation of separate property, and individual personal injury awards. An equitable division of all of the spouse's marital property acquired during the marriage, is allowed based on the following factors: The desirability of awarding the family home, or right to reside in it, to the spouse with custody of the children The liquidity of the property to be distributed The financial resources of both spouses The needs and obligations of each spouse The economic desirability of retaining an asset intact The tax consequences of the division The duration of the marriage The costs of any sale of an asset, if a sale is necessary for division purposes Any property division under a valid separaton agreement Any other relevant factor The division of the marital property will be equal, unless such a division would be inequitable. Marital fault is not a consideration. The amount of any spousal support award is not to be con-sidered in the division of property. [Ohio Revised Code Annotated; Section 3105.171]. Alimony and Spousal Support Either spouse may be awarded reasonable spousal support, in lump sum or in periodic payments, based on a consideration of the following factors: Whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment The earning ability of both spouses The income of both spouses, including marital property apportioned to each spouse and each spouse's ability to meet his or her needs independently The contribution of each spouse to the education, earning ability, and career-building of the other spouse, including the spouse's contribution to the earning of a professional degree by the other spouse The age of the spouses The physical, mental, and emotional conditions of the spouses The relative assets and liabilities of the spouses, including any court-ordered payments The educational level of each spouse at the time of the marriage and at the time the action for support is commenced The standard of living during the marriage Any pension or retirement benefits of either spouse The duration of the marriage The tax consequences of the award The time and expense necessary for the spouse seeking support to acquire education, training, or job experience to obtain appropriate employment The lost income-producing capacity of either spouse resulting from marital responsibilities Any other relevant factor Marital fault is not a consideration. The court may require a spouse to provide health insurance coverage for the other spouse. [Ohio Revised Code Annotated; Sections 3105.18, 3105.71, and 3105.171]. Spouse's Name After Divorce Upon request, the court will restore a person's former or maiden name. [Ohio Revised Code Annotated; Sections 3105.16 and 3105.34]. Child Custody After Divorce Shared parenting or sole child custody may be awarded according to the best interests of the child. Factors to be considered are: The preference of the child, if the child is of sufficient age and capacity The child's adjustment to his or her home, school, and community The mental and physical health of all individuals involved The relationship of the child with parents, siblings, and other significant family members Whether 1 parent has willfully denied visitation to the other parent Whether either parent has failed to make child support payments to any child Whether either parent lives or intends to live outside of Ohio The ability of the parents to cooperate and make joint decisions The ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent Any history of child abuse, spouse abuse, or domestic violence by a parent or anyone who is or will be a member of the household where the child will reside, or parental kidnapping The geographic proximity of the parents to each other as it relates to shared parenting The child's and parent's available time The recommendation of any guardian ad litem (court-appointed guardian) of the child Any other relevant factors. Both parents are considered to have equal rights to custody In addition, for shared parenting to be awarded, both parents must request it and submit a plan for shared parenting. The financial status of a parent is not to be considered for allocating any parental rights and responsibilities. The court may require an investigation of the parents and any evidence of neglect or child or spousal abuse will be considered against the granting of shared parenting or such parent being granted the status as residential parent. [Ohio Revised Code Annotated; Sections 3105.21, 3109.03, 3109.04, and 3109.051]. Child Support After Divorce Either or both parents may be ordered to pay child support. Marital misconduct is not to be considered in this award. Health care insurance may be ordered to be provided for the child. Child support payments may be ordered to be paid through the state child support agency. There are official child support guidelines that are presumed to be correct unless there is a showing that the amount of the support award would be unjust or inappropriate under the particular circumstances of a case. Factors which may be considered in adjusting a child support amount are: Special or unusual needs of a child Obligations for other minor or handicapped children Other court-ordered payments Extended visitation or extraordinary costs for visitation Mandatory wage deductions including union dues) Disparity in income between the parents' households Benefits that either parent receives from remarriage or sharing living expenses with others The amount of taxes paid by a parent Significant contributions from a parent (including lessons, sports equipment, or clothing) The financial resources and earning capacity of the child The standard of living and circumstances of each parent and the standard of living the child would have enjoyed if the marriage had not been dissolved The physical and emotional conditions and needs of the child The medical and educational needs of the child The relative financial resources, other assets and resources, needs, and obligations of both the noncustodial and the custodial parent The need and capacity of the child for an education and the educational opportunities of the child The age of the child The earning ability of each parent The responsibility of each parent for the support of others The value of services contributed by the custodial parent Any other relevant factor A child support computation worksheet is also contained in the statute. [Ohio Revised Code Annotated; Sections 3105.71 and 3113.217].

North Dakota Divorce Laws

Residency Requirements for Divorce in North Dakota
The spouse filing for divorce must be a resident of North Dakota for at least 6 months prior to the entry of the final divorce. If the defendant is a resident of North Dakota, the divorce must be filed in the county where the defendant resides. If the defendant is not a resident, the divorce may be filed for in any county that the plaintiff designates in the complaint.
[North Dakota Century Code; Volume 3A, Chapters 14-05-17 and 28-04-05].

Legal Grounds for Divorce in North Dakota

1. No Fault Divorce: Irreconcilable differences.
   [North Dakota Century Code; Volume 3A, Chapter 14-05-03].
2. General Divorce:
   1. Adultery
   2. Confinement for incurable insanity for a period of 5 years
   3. Conviction of a felony
   4. Willful desertion
   5. Cruel and inhuman treatment
   6. Willful neglect
   7. Habitual intemperance
   [North Dakota Century Code; Volume 3A, Chapter 14-05-03].

Legal Separation in North Dakota
The grounds for legal separation (separation from bed and board) in North Dakota are:

1. Irreconcilable differences
2. Adultery
3. Confinement for incurable insanity for a period of 5 years
4. Conviction of a felony
5. Willful desertion
6. Cruel and inhuman treatment
7. Willful neglect
8. Habitual intemperance

The spouse filing for legal separation must be a resident of North Dakota for at least 6 months prior to the entry of the legal separation.
[North Dakota Century Code; Volume 3A, Chapters 14-06-01 and 14-06-06].

Simplified/Special Divorce Procedures in North Dakota
Separation agreements are specifically authorized by statute.
[North Dakota Century Code; Volume 3A, Chapter 14-07-07].

Divorce Mediation or Counseling Requirements
In an action for divorce or legal separation where child support or child custody is an issue, the court may order the parents to submit to mediation, unless there has been physical or sexual abuse of a spouse or child.
[North Dakota Century Code; Volume 3A, Chapter 14-09.1-02].

Divorce Property Distribution
North Dakota is an "equitable distribution" state. All of the spouse's property, including gifts, inheritances, and any acquired prior to the marriage, will be equitably distributed as the court feels is just and proper. There are no factors for consideration specified in the statute.
[North Dakota Century Code; Volume 3A, Chapter 14-05-24].

Alimony and Spousal Support
Either spouse may be required to make allowances for the support of the other spouse for his or her entire life or a shorter period. All of the circumstances of the situation, including any marital fault, may be considered. There are no other specific factors for consideration set out in the statute. Support payments may be required to be made through the clerk of the court.
[North Dakota Century Code; Volume 3A, Chapter 14-05-24].

Spouse's Name After Divorce
Upon request, a wife's former or maiden name may be restored.
[North Dakota Case Law].

Child Custody After Divorce
Child custody is awarded according to the best interests and welfare of the child, and based on the following factors:

1. Moral fitness of the parents
2. Capability and desire of each parent to meet the child's needs incuding food, clothing, medical care, and other material needs
3. Preference of the child, if the child is of sufficient age and capacity
4. The love and affection existing between the child and each parent
5. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
6. The child's adjustment to his or her home, school, and community
7. The mental and physical health of all individuals involved
8. The stability of the home environment likely to be offered by each parent
9. The child's interaction with anyone who resides with a parent, including such person's history of violence of any type
10. Any spouse or child abuse, sexual abuse, or history of domestic violence or violence of any type
11. The capacity and disposition of the parents to give the child love, affection, guidance, and continue the child's education
12. The permanence, as a family unit, of the proposed or existing custodial home
13. The making of any false accusations by 1 parent against the other
14. Any other factors

Any evidence of child or spouse abuse or domestic violence creates a presumption that custody or visitation with that parent would not be in the best interests of the child. If there is any evidence of sexual abuse of a child, the court is required to prohibit any visitation or contact with that parent unless the parent has completed counseling and the court determines that supervised visitation is in the best interests of the child. Both parents are considered to be equally entitled to custody of a child.
[North Dakota Century Code; Volume 3A, Chapters 14-05-22, 14-09-06, 14-09-06.1, and 14-09-06.2].

Child Support After Divorce
Either parent may be ordered to pay child support. The amount awarded will be based on a consideration of the following factors:

1. The net income of the parents
2. The other resources available to the parents
3. Any circumstances that might be considered in reducing the amount of support on the basis of hardship

There are specific child support guidelines that the court will consider which have been prepared by the North Dakota Department of Human Services. Child support payments are required to be paid through the state disbursement office. The court can order child support payments be guaranteed by wage assignments and wage withholding orders. All child support orders will be reviewed every 3 years, unless neither parent requests such a review.
[North Dakota Century Code; Volume 3A, Chapters 14-08-07, 14-09-08, 14-09-08.1, 14-09-08.4, 14-09-09.1, 14-09-09.2, and 14-09-09.7]

North Carolina Divorce Laws

Residency Requirements for Divorce in North Carolina
Either spouse must have been a resident of North Carolina for at least 6 months prior to filing for divorce. Divorce may be filed for in the county of residence of either spouse.
[General Statutes of North Carolina; Chapter 50, Section 50-8].

Legal Grounds for Divorce in North Carolina

1. No Fault Divorce: Living separate and apart without cohabitation for 1 year.
   [General Statutes of North Carolina; Chapter 50, Section 50-6]
2. General Divorce:
   1. Confinement for incurable insanity for 3 years
   2. Incurable mental illness based on examinations for 3 years
   [General Statutes of North Carolina; Chapter 50, Sections 50-5.1].

Legal Separation in North Carolina
The grounds for legal separation (divorce from bed and board) are as follows:

1. Adultery
2. Abandonment
3. Alcoholism or drug addiction
4. Cruel and inhuman treatment endangering the life of the spouse
5. Personal indignities rendering life burdensome and intolerable
6. Turning a spouse out-of-doors

Either spouse must have been a resident of North Carolina for at least 6 months prior to filing for divorce from bed and board.
[General Statutes of North Carolina; Chapter 50, Sections 50-7 and 50-8].

Simplified/Special Divorce Procedures in North Carolina
There are no legal provisions in North Carolina for simplified divorce procedures. However, premarital and marital property settlement agreements are specifically recognized as valid. The payment or non-payment of alimony may be the subject of a marital settlement agreement.
[General Statutes of North Carolina; Chapter 50, Sections 16.6(b) and 20(d)].

Divorce Mediation or Counseling Requirements
If child custody is a contested issue, the court may order the parents to submit to mandatory mediation of that issue.
[General Statutes of North Carolina; Chapter 50, Section 50-13.1].

Divorce Property Distribution
North Carolina is an "equitable distribution" state. Separate property, including:

1. Any property acquired before the marriage
2. Any gifts and inheritances acquired during the marriage
3. Any property acquired in exchange for separate property
4. Any increase in the value of separate property, will be retained by the spouse who owns it

Marital property (property acquired by either or both spouses during the marriage and before the separation, including any pension or retirement fund benefits) will be divided equally unless the court finds that an equal division is not fair. The division is based on the following factors:

1. Any direct or indirect contributions to the career or education of the other spouse
2. Any depletion or waste of property
3. The net value of the property
4. The liquid or non-liquid character of the property
5. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
6. The economic circumstances of each spouse at the time the division of property is to become effective
7. Any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes
8. The length of the marriage
9. The age and health of the spouses
10. The federal income tax consequences of the court's division of the property
11. Liabilities of the spouses
12. Any retirement benefits, including social security, civil service, military and railroad retirement benefits
13. Any prior alimony or child support obligations of each spouse
14. The desirability of the spouse with custody of any children occupying the marital residence
15. Any other factor necessary to do equity and justice between the spouses

[General Statutes of North Carolina; Chapter 50, Section 50-20].

Alimony and Spousal Support
Either spouse may be awarded alimony. The factors for consideration are:

1. The standard of living established during the marriage
2. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market and their incomes
3. The mental, physical, and emotional conditions of the spouses
4. The marital misconduct of the spouses
5. The ages of the spouses
6. The contribution of 1 spouse to the education, training, or earning power of the other spouse
7. The effect of a spouse having primary custody of a child
8. The relative education of the spouses and the time necessary for a spouse to acquire sufficient education or training to become self-sufficient
9. The contribution of a spouse as a homemaker
10. The tax consequences
11. Any other factor the court deems just and equitable

The court may require bond for security for the alimony payments. Alimony may not be paid to the spouse committing adultery.
[General Statutes of North Carolina; Chapter 50, Sections 50-16.3a and 50-16.6].

Spouse's Name After Divorce
Upon request, the court may allow a woman to resume the use of her former or maiden name. A woman may also make application to the clerk of the court for resumption of the use of her maiden or former name.
[General Statutes of North Carolina; Chapter 50, Section 50-12].

Child Custody After Divorce
Joint or sole child custody is determined according to the interests and welfare of the child. There is no presumption that either parent is better suited to have custody. No other factors for consideration are specified in the statute.
[General Statutes of North Carolina; Chapter 50, Section 50-13.2].

Child Support After Divorce
Both parents are primarily responsible for the support of a minor child and either parent may be ordered to pay child support. The factors to be considered are:

1. The needs of the child
2. The earnings, estate, conditions, and accustomed standard of living of the child and the parents
3. The childcare and homemaker contributions of each parent
4. Any other relevant factors. There are official child support guidelines which are presumed to be correct, unless there is a showing that the amount of support would be unjust or inappropriate

Child support worksheets are also provided. Child support payments may be required to be paid through the clerk of the court. Income withholding may be used if child support payments become delinquent. Child support obligations may be required to be secured by a bond or mortgage. The court may require a parent to provide health insurance coverage for a child.
[General Statutes of North Carolina; Chapter 50, Section 50-13.4. Child Support Guidelines and Worksheets are contained in the Annotated Rules of North Carolina].

New York State Divorce Laws

Residency Requirements for Divorce in New York
If only 1 spouse resides in New York at the time of filing the divorce, the residency requirement is 2 years. However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for divorce arose in New York. In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the divorce and the grounds for divorce arose in New York. The divorce may be filed for in a county where either spouse resides.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Sections 230 and 231 and New York Civil Practice Laws and Rules; Rule 503].

Legal Grounds for Divorce in New York

1. No Fault Divorce:
   1. Living separate and apart for 1 year under the terms of a separation agreement which is in writing and signed and notarized
   2. Living separate and apart for 1 year under the terms of a judicial separation decree
   [Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 230].
2. General Divorce:
   1. Adultery
   2. Abandonment for 1 year
   3. Imprisonment for 3 or more consecutive years
   4. Cruel and inhuman treatment
   [Consolidated Laws of New York Annotated; Domestic Relations Law, Volume 8, Section 170].

Legal Separation in New York
The grounds for legal separation (separation from bed and board) in New York are:

1. Adultery
2. Abandonment
3. Imprisonment for 3 or more consecutive years
4. Neglect of and failure to provide support for a wife
5. Cruel and inhuman treatment

If only 1 spouse resides in New York at the time of filing the legal separation, the residency requirement is 2 years. However, the requirement is reduced to 1 year if:

1. The spouses were married in New York and either spouse is still a resident
2. They once resided in New York and either spouse is still a resident
3. The grounds for legal separation arose in New York

In addition, there is no residency time limit requirement if both of the spouses were residents of New York at the time of filing the legal separation and the grounds for legal separation arose in New York.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 11, Sections 200, 230, and 231].

Simplified/Special Divorce Procedures in New York
A summary divorce may be granted in New York if:

1. The spouses lived apart for 1 year according to the terms of a separation decree or a separation agreement (and)
2. Satisfactory proof is submitted to the court that the spouse seeking the divorce has substantially performed all the terms and conditions of the separation decree or separation agreement

There are sample divorce forms contained in the statute (Forms 1 and 12 for no-fault grounds), including the language necessary to state specific grounds and residency requirements. In addition, New York requires a financial disclosure to be filed in every divorce action.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 10, Section 170 and Article 13, Section 236].

Divorce Mediation or Counseling Requirements
There are no legal provisions in New York for divorce mediation.

Divorce Property Distribution
New York is an "equitable distribution" state. Separate property, including property acquired before a marriage and any gifts or inheritances whenever acquired, is to remain with the spouse who owns it. Separate property also includes any increase in value or property acquired in exchange for separate property. Marital property acquired during the marriage will be equitably divided between the spouses, based on the following factors:

1. The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The income and value of each spouse's property at the time of the marriage and at the time of filing for divorce
3. The probable future economic circumstances of each spouse
4. The length of the marriage
5. The age and health of the spouses
6. The amount and sources of income of the spouses
7. The probable future financial circumstances of each spouse
8. The potential loss of inheritance or pension rights upon dissolution of the marriage
9. Whether the property award is instead of or in addition to maintenance
10. Custodial provisions for the children and the need for a custodial parent to occupy the marital home
11. The type of marital property in question
    [whether it is liquid or non-liquid]
12. The impossibility or difficulty of evaluating an interest in an asset such as a business, profession, or corporation and the desirability of keeping such an asset intact and free from interference by the other spouse
13. The tax consequences to each party
14. The wasteful dissipation of assets
15. Any transfer of property made in anti-cipation of divorce
16. Any equitable claim that a spouse has in marital property, including joint efforts and expenditures, and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career and career potential of the other spouse
17. Any other factor necessary to do equity and justice between the spouses

Marital fault may be considered. Financial disclosure of assets and income are mandatory.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 236, Part B].

Alimony and Spousal Support
Either spouse may be awarded maintenance, without regard to marital fault, based on a consideration of the following factors:

1. The income and property of the spouses, including any marital property divided as a result of the dissolution of marriage
2. Any transfer of property made in anticipation of divorce
3. The duration of the marriage
4. The wasteful dissipation of marital property
5. The contribution of each spouse to the marriage and the career of the other spouse, including services rendered in homemaking, childcare, education, and career-building of the other spouse
6. The tax consequences to each spouse
7. Any custodial and child support responsibilities
8. The ability of the spouse seeking support to become self-supporting and the time and training necessary
9. Any reduced lifetime earning capacity as the result of having foregone or delayed education, training, employment, or career opportunities during the marriage
10. Whether the spouse from whom maintenance is sought has sufficient property and income to provide maintenance for the other spouse
11. The age and health of both spouses
12. The present and future earning capacities of both spouses
13. Any other factor the court deems just and equitable

[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 236, Part B].

Spouse's Name After Divorce
At the wife's request, upon divorce the court may restore her maiden or other former name.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 240a].

Child Custody After Divorce
Joint or sole child custody is to be determined according to the best interests of the child. Neither parent is entitled to a preference. There are no factors specified in the statute.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Section 240 and New York Case Law].

Child Support After Divorce
Health insurance coverage may be ordered to be provided. Marital misconduct of either parent is not to be considered. There are specific Child Support Guidelines in the statute and which are presumed to be correct, unless there is a showing that the amount of support would be unjust or inappropriate. The factors to be considered are:

1. The financial resources of the child and the parents
2. The standard of living the child would have enjoyed if the marriage had not been dissolved
3. The physical and emotional health of the child and any special needs or aptitudes of the child
4. The financial resources, needs, and obligations of both the noncustodial and the custodial parent
5. The tax consequences to each parent
6. The non-monetary contributions that the parents will make towards the care and well-being of the child
7. The educational needs of either parent
8. Whether 1 parent's income is substantially less than the other parent's
9. The needs of other children of the non-custodial parent
10. If the child does not receive public aid, any extraordinary expenses required for the non-custodial parent to exercise visitation rights
11. Any other relevant factors

Security may be required for the payments.
[Consolidated Laws of New York Annotated; Domestic Relations Law, Article 13, Sections 236-Part B, 240, and 243 and New York Case Law].

New Mexico Divorce Laws

Residency Requirements for Divorce in New Mexico
One of the spouses must have been a resident of New Mexico for at least 6 months immediately preceding the filing for dissolution of marriage and have a home in New Mexico. The dissolution of marriage may be filed in any county where either spouse resides.
[New Mexico Statutes Annotated; Article 4, Section 40-4-5].

Legal Grounds for Divorce in New Mexico

1. No Fault Divorce: Incompatibility because of discord and conflicts of personalities such that the legitimate ends of the marriage relationship have been destroyed preventing any reasonable expectation of reconciliation.
   [New Mexico Statutes Annotated; Article 4, Sections 40-4-1 and 40-4-2].
2. General Divorce:
   1. Adultery
   2. Abandonment
   3. Cruel and inhuman treatment
   [New Mexico Statutes Annotated; Article 4, Section 40-4-1].

Legal Separation in New Mexico
If the spouses have permanently separated and do not live together or cohabit, either spouse may begin proceedings for property division, child custody and support, and maintenance, without asking for a dissolution of marriage. One of the spouses must have been a resident of New Mexico for at least 6 months immediately preceding the filing for legal separation and have a home in New Mexico.
[New Mexico Statutes Annotated; Article 4, Section 40-4-3].

Simplified/Special Divorce Procedures in New Mexico
Marital settlement agreements and contracts for separation are specifically authorized by law and must be in writing. Any marital settlement agreements should be recorded in the county where the spouses reside.
[New Mexico Statutes Annotated; Article 4, Sections 40-2-4 and 40-2-5].

Divorce Mediation or Counseling Requirements
There are provisions in New Mexico for the establishment of domestic relations mediation programs. If such programs have been established in the county where the dissolution of marriage is filed for, parents may request the use of such programs, or the court may order the parents to enter the program.
[New Mexico Statutes Annotated; Article 4, Section 40-12-5].

Divorce Property Distribution
New Mexico is a "community property" state. Each spouse retains his or her separate property acquired prior to the marriage, designated as separate property by a written agreement, and any gifts or inheritances. New Mexico uses a "quasi-community" property definition: All property, except separate property, that a spouse acquires outside of New Mexico which would have been community property if they had acquired it in New Mexico. "Quasi-community" property is treated like standard community property. The spouse's community property is to be divided equally between the spouses. Marital fault is not considered. There are no factors for consideration set out in the statute.
[New Mexico Statutes Annotated; Article 4, Sections 40-3-8 and 40-4-7].

Alimony and Spousal Support
Either spouse may be awarded a just and proper amount of maintenance, without regard to marital fault. The factors that the court will consider are:

1. The duration of the marriage
2. The spouse's current and future earning capacities
3. The good faith efforts of the spouses to maintain employment or become self-supporting
4. The needs and obligations of each spouse
5. The age, health, and means of the spouses
6. The amount of property that each spouse owns
7. The spouses' standard of living during the marriage
8. The maintenance of medical and life insurance during the marriage
9. The assets and property of the spouses, including any income-producing property
10. Each spouse's liabilities
11. Any marital separation or settlement agreements

[New Mexico Statutes Annotated; Article 4, Section 40-4-7 and New Mexico Case Law].

Spouse's Name After Divorce
The court may order the restoration of a spouse's former name.
[New Mexico Statutes Annotated; Article 4, Section 40-8-1].

Child Custody After Divorce
Joint or sole child custody is to be determined according to the best interests of the child. There is a presumption that joint custody is in the best interests of the child, unless shown otherwise. The factors for consideration in all custody situations are:

1. The wishes of the child
2. The wishes of the parents
3. The relationship of the child with parents, siblings, and other significant family members
4. The child's adjustment to his or her home, school, and community
5. The mental and physical health of all individuals involved

If a minor is 14 years old or older, the court may consider the wishes of the minor.

In addition, the factors that are considered in determining joint custody are as follows:

1. The ability of the parents to cooperate and make decisions jointly
2. The physical proximity of the parents to each other as this relates to the practical considerations of where the child will reside
3. Whether an award of joint custody will promote more frequent or continuing contact between the child and each of the parents
4. The love, affection, and other emotional ties existing between the parents and the child
5. The capacity and disposition of the parents to provide the child with food, clothing, medical care, and other material needs
6. Whether each parent is willing to accept all the responsibilities of parenting, including a willingness to accept or relinquish care at specified times
7. Whether each parent is able to allow the other to provide care without intrusion
8. The suitability of a parenting plan for the implementation of joint custody
9. Whether any domestic abuse has occurred

[New Mexico Statutes Annotated; Article 4, Sections 40-4-9 and 40-4-9.1].

Child Support After Divorce
Either parent may be ordered to provide child support, based on a consideration of the financial resources of that parent. Any welfare benefits are not considered. Specific child support guidelines and worksheets are provided. Separate worksheets are provided for determining child support amounts for parents with visitation and for parents with shared responsibility. Shared responsibility or joint custody is defined as each parent having the child in their home at least 35% of the time during a year. Chid Support Guidelines are contained in New Mexico Statutes Annotated; Article 4, Section 40-4-11.1. These guidelines are presumed to be correct unless there is a showing that the amount of support would be unjust or inappropriate under the particular circumstances of a case, specifically:

1. Any extraordinary uninsured medical, dental, or counseling expenses for the child of over $100.00 per year
2. Any extraordinary educational expenses for the child
3. Any transportation and communication expenses for long-distance visitation or time-sharing

A substantial hardship for either parent or the child may also justify an adjustment of the amount of the child support payment. The assignment and withholding of wages to secure the payment of child support payments may be ordered.
[New Mexico Statutes Annotated; Article 4, Sections 27-2-27, 40-4-7, 40-4-11, and 40-4-11.1].