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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.
You can file for divorce and spousal support.If the house was his prior to marriage you are a month to month tenant and you have right to 30 days notice and then he has to file to evict you.You are entitled to spousal support and division of marital asset during the marriage.
To obtain a divorce in New Mexico, you or your spouse must have lived in New Mexico for the last six months. To begin a divorce, you must first file a petition and other papers in the district court in the county where you live or where your spouse lives. The divorce is not final until the judge signs the Final Decree of Dissolution of Marriage.
It is not necessary that both person agree to end the relationship. One spouse cannot make the other stay in a relationship.
Community Property. New Mexico is a community property state. This means that any property that belongs to the marriage must be split equally between the spouses when they divorce. ... In a marital settlement agreement, the spouses tell the court how they want their property divided.
New Mexico Divorce: Dividing Property | DivorceNet
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You would be entitled to spousal support and fair division of the house if you are on the title and its community proeprty.You can be awarded possession of the house while divorce is pending.Doesn't matter here if he hasn't lived there.
Half length of marriage as ball park.
In New Mexico, there are several different types of alimony,including:
AlimonyIncreases or Decreases
Either spouse can request the court to increase or decrease alimony,unless their final divorce decree prohibits modifications. If the spousereceiving alimony demonstrates to the court that the amount of alimony is inadequate,or if the spouse paying alimony demonstrates to the court that circumstanceshave changed, the court may modify the alimony award. The court mayconsider job loss, illness, disability, or other financial circumstances when makinga modification to the alimony award. If either spouse dies or if thespouse receiving support remarries, the alimony terminates unless the spouses havemade other arrangements
Factorsthe Court Looks at in Making Calculations
The court will consider the following factors when awardingalimony in New Mexico:
No anybody can get a divorce and you cannot be stopped here.You can do this whether he agrees or not.