In one sentenceRule 1-126 allows a partial decree dissolving a marriage only on a showing of exceptional circumstances, and requires the motion to address the decree’s impact.
A.Limited to exceptional circumstances. Partial decrees dissolving the marriage will be granted only upon a showing that exceptional circumstances exist.
B.Motion contents. The motion shall address the impact of entry of a partial decree on the parties and their children, including, but not limited to, medical coverage, child custody, income division, child support, spousal support and taxes paid by the parties.
C.Entry of partial decree. A partial decree may include provisions that the court deems necessary for the protection of the parties and their minor children.
End
Rule History
[Approved, effective November 1, 2000 until November 1, 2001; approved, effective November 1, 2001.]
Plain-English Summary
This rule limits splitting a divorce in two. A partial decree dissolving the marriage—entered before the rest of the case is resolved—is granted only on a showing of exceptional circumstances. The motion must address how the partial decree would affect the parties and their children, including medical coverage, custody, income division, child and spousal support, and taxes. The partial decree may include provisions the court deems necessary to protect the parties and their minor children.
Frequently Asked Questions
When can a marriage be dissolved before the rest of the divorce is resolved?
Only on a showing of exceptional circumstances, and the motion must address the decree’s impact on the parties and their children, including support, custody, medical coverage, and taxes.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-126 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as:partial decreepartial dissolutionbifurcated divorceexceptional circumstances