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— A separation agreement in New Mexico, though binding upon the parties during such time as they are separated as husband and wife, when submitted in a divorce case for consideration of the court, is subject to such action as the court in its discretion may take, and the court may disregard any previous agreement for support and make such ...
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Dissolution of marriage, also called divorce, is the legal process used to end a marriage and make decisions about the division of property and debts, spousal support, child custody, time sharing, visitation, and child support.
From the beginning, this was an acrimonious and litigious case, involving multiple orders to show cause and modifications of the temporary custody arrangements, as well as allegations of criminal conduct against Wife, none of which are directly at issue here.
For more on New Mexico divorce laws, see Divorce and Family Law in New Mexico. All of the references below are to the New Mexico Revised Statutes (NMRS). You can read the how the state defines community and separate property in NMRS sections 40-3-8 through 40-3-9.1.
We set out to provide a current reference of family law for New Mexico‘s bench, also useful to the bar. It had been several years since the last tome by distinguished colleagues. But family law in New Mexico, like all else in The Land of Enchantment, does not follow a plain route.
On May 18, 1983, the trial court entered a partial decree of divorce dissolving the parties' marriage and reserving jurisdiction to rule on all remaining issues (property division, alimony and attorneys' fees). The trial was held December 27-29, 1983, and final argument on February 1, 1984.
