Rule 1-127.Attorney fees in domestic relations cases

Last verified June 26, 2026

In one sentenceRule 1-127 sets what an attorney-fee motion in a domestic relations case must include and the factors the court weighs in awarding fees.

Full Text of Rule 1-127

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A motion for attorney fees pursuant to Rule 1-054 NMRA shall include an itemization of time expended and an affirmation that the fees claimed are correctly stated and necessary. In awarding fees, the court shall consider relevant factors presented by the parties, including but not limited to:

A. disparity of the parties' resources, including assets and incomes;

B. prior settlement offers;

C. the total amount of fees and costs expended by each party, the amount paid from community property funds, any balances due and any interim advance of funds ordered by the court; and

D. success on the merits.

End

Rule History

[Approved, effective November 1, 2000 until November 1, 2001; approved, effective November 1, 2001.]

Plain-English Summary

This rule guides fee awards in family cases. A motion for attorney fees under Rule 1-054 must include an itemization of time and an affirmation that the fees are correctly stated and necessary. In deciding whether to award fees, the court considers the relevant factors the parties present, including the disparity in the parties’ resources (assets and incomes), prior settlement offers, the total fees and costs each party spent and how they were paid, and each party’s success on the merits.

Frequently Asked Questions

What factors does the court weigh in awarding attorney fees in a divorce?

The disparity in the parties’ resources, prior settlement offers, the total fees and costs each party spent and how they were paid, and success on the merits.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-127 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: attorney feesdomestic relations feesfee awarddisparity of resources