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Effects of Infidelity on Divorce in New Mexico

Infidelity has been defined as a spouse indulging in a sexual or physical relationship with someone else outside the marriage. While infidelity is frequently a reason for the divorce, there is typically a marginal effect on the court proceeding in a state.

It is imperative to note that New Mexico has got the distinction of being the first American state to put no-fault divorce in place. Infidelity is a painful but common cause of divorce in the country, as well as, in the state. In case a person has made up his/her mind to file a divorce because of infidelity in the marriage, it is natural to have several queries about how adultery can impact a divorce proceeding. The article covers the various ways in which infidelity can affect divorce in New Mexico.

Infidelity and alimony in New Mexico

Apart from offering a ground to initiate a divorce in New Mexico, infidelity does not play a prominent role in divorce proceedings in New Mexico. Courts in the state do not take inventories into account while deciding whether a spouse should be awarded alimony, or not, or while computing the amount of money to be awarded as alimony. Similarly, the courts will not take into account infidelity while splitting marital property or while making decisions related to child support or child custody.

Infidelity and child custody in New Mexico

Ideally speaking, courts in New Mexico do not consider cheating spouses distinctly from those spouses who were cheated. As the state supports no-fault divorces, most of the times cheating is not a factor while a divorce proceeding is on. However, what will happen when kids are involved in a divorce? Is there a possibility that courts and judges in the state would take infidelity into account while deciding on issues related to child custody?

According to written rules, the commitment of adultery by one of the spouses prior to the divorce should not be considered a big factor while judges decide matters related to child custody in New Mexico. While state laws might vary a lot, all courts are lawfully able to decide issues related to child custody keeping the best interests of the kid in mind.

It basically denotes that a judge or mediator shall concentrate on fostering and encouraging the emotional security, mental health, happiness, and emotional development of the child. In New Mexico, courts use certain basic factors to ascertain a child’s best interests are the mental and physical wellbeing of the parents, what the kids wish, as well as the parents’ capability to offer a stable living standard.

On the other hand, simply because there is no specific law that directs to courts to contemplate extramarital affairs while figuring out orders related to child custody, there is a possibility of having an implicit impact on decisions related to child custody in New Mexico.


The key reason for this is that judges, mediators, and attorneys who are involved in settling child custody issues are simply humans. The knowledge that a spouse strayed may trigger a subconscious bias, which may pop up while the judges are involved in decision-making. Additionally, even when the judges are directed not to consider infidelity while overseeing divorce proceedings, they might make less favorable decisions for the spouse who had committed infidelity.

Also, an extramarital affair in New Mexico might also affect child custody matters when there is an ongoing divorce proceeding and might go on after the divorce case. An example of this is while making decisions related to child custody, which is in the kid’s best interests, the court would contemplate where and with whom the child should stay with.

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