NM Bar Family Law & Domestic Relations 3 — Questions and Answers
Question 1: Under New Mexico law, a domestic violence order of protection may be issued on an emergency ex parte basis for an initial period of:
- 72 hours
- 10 days (Correct answer)
- 30 days
- 6 months
Correct answer: 10 days
Under NMSA 1978 § 40-13-4, an emergency ex parte temporary order of protection may be issued for up to 10 days pending a hearing.
Question 2: Which of the following constitutes 'domestic abuse' under the New Mexico Family Violence Protection Act?
- Emotional distress caused by a stranger
- Physical abuse, sexual abuse, or threats between household members (Correct answer)
- Property damage caused by a non-household member
- Verbal arguments without threats between co-workers
Correct answer: Physical abuse, sexual abuse, or threats between household members
The Family Violence Protection Act defines domestic abuse as physical, sexual, or threatening conduct between household members or those in an intimate partner relationship.
Question 3: In New Mexico, what happens to community property debts incurred by one spouse during marriage?
- Only the spouse who incurred the debt is liable
- Both spouses are jointly and severally liable for community debts (Correct answer)
- The debt is presumed separate unless the other spouse co-signed
- Liability depends on which spouse benefited from the debt
Correct answer: Both spouses are jointly and severally liable for community debts
In New Mexico's community property system, debts incurred during marriage for community purposes are community obligations for which both spouses may be held liable.
Question 4: A New Mexico court considering relocation of a custodial parent with a child will apply which standard?
- Automatic denial unless the other parent consents
- Best interests of the child with consideration of the relocation factors (Correct answer)
- Presumption in favor of relocation if the parent has primary custody
- Geographic restriction limited to 100 miles from the current residence
Correct answer: Best interests of the child with consideration of the relocation factors
New Mexico courts apply the best interests of the child standard under NMSA 1978 § 40-4-9.1, weighing specific relocation factors including impact on parenting time.
Question 5: Under New Mexico law, premarital agreements must be:
- Acknowledged before a notary and filed with the court
- In writing and signed by both parties (Correct answer)
- Approved by independent counsel for each party
- Recorded with the county clerk to be enforceable
Correct answer: In writing and signed by both parties
Under the New Mexico Uniform Premarital Agreement Act (NMSA 1978 § 40-3A-3), a premarital agreement must be in writing and signed by both parties to be enforceable.
Question 6: New Mexico will enforce a premarital agreement UNLESS:
- It was signed less than 30 days before the wedding
- A party proves it was the product of fraud, duress, or was unconscionable (Correct answer)
- No attorney was present at signing
- It was not reviewed by a mediator
Correct answer: A party proves it was the product of fraud, duress, or was unconscionable
Under NMSA 1978 § 40-3A-6, a premarital agreement is unenforceable if a party proves involuntariness, fraud, duress, coercion, or that it was unconscionable when executed.
Question 7: In New Mexico, grandparents may seek visitation rights when:
- They were the primary caregivers for any period of time
- The family situation makes it in the best interests of the child (Correct answer)
- One or both parents are deceased
- The child is over age 10 and requests grandparent contact
Correct answer: The family situation makes it in the best interests of the child
Under NMSA 1978 § 40-9-2, a court may grant grandparent visitation when it is in the best interests of the child, even over parental objection in limited circumstances.
NM Bar Family Law & Domestic Relations 3
Under New Mexico law, a domestic violence order of protection may be issued on an emergency ex parte basis for an initial period of: