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Divorce in New Mexico

The decision to get divorced is never an easy one to make. Making this choice usually involves a lot of deliberation and a fair bit of stress. Now that you have come to this point, you are probably looking for the most simple path through the divorce process. Fortunately, getting divorce in New Mexico can be fairly straightforward, particularly if you and your spouse are in agreement on things like the need to divorce, how your property will be divided and any issues related to your children (if you have children). You may even qualify to complete your divorce without an attorney. In this case, you simply need to fill out the right divorce papers in New Mexico and submit them to your county clerk to begin the process.

If you and your spouse are not in agreement about any important issues related to the divorce, you may find it helpful to talk to a professional divorce mediator or if a more complicated situation, seek the help of a divorce lawyer.

CompleteCase.com offers an easy solution to filing your own divorce. The required New Mexico divorce papers can be completed online and can make the whole process even easier, giving you direct access and guidance to exactly the documents needed for your circumstances.

The following information was pulled together to help you understand the divorce process in New Mexico, and how to begin your own divorce.

New Mexico Divorce Facts

The Centers for Disease Control (CDC) has collected data on most states in the U.S. concerning divorce. According to the CDC, the divorce rate in New Mexico in 2011 was 3.3 out of every 1,000 residents. This places New Mexico somewhere in the middle of divorce rates for the country.

When you petition for divorce in New Mexico, also know as “Dissolution of Marriage”, you will need to state the grounds for the divorce. New Mexico allows four different grounds for divorce:

  • Adultery

  • Abandonment

  • Cruel and inhuman treatment

  • Incompatibility

Most people choose incompatibility as their grounds for divorce, as it avoids the need to place blame for the divorce or discuss any potential embarrassing details about the relationship with the court. Incompatibility is also the grounds the are referred to as “no-fault”. No-fault divorces are usually faster and cheaper than fault-based divorces, making them the most popular type of divorce. New Mexico requires that you or your spouse have lived in the state for at least 60 days before you can seek a divorce.

New Mexico Divorce Papers and Forms

The specific New Mexico divorce papers needed will vary depending on your circumstances, but there are some forms that are standard. These forms include the “Petition for the Dissolution of Marriage Without Children” and the “Petition for Dissolution of Marriage With Children”. Which you choose will depend on whether you have minor children with your spouse.

When you are filling out your documents, make sure you do not sign any statements or affidavits until you are in front of a notary public. Most courts provide a notary service, but it is worth calling ahead and checking before you go to the court to file your documents.

The New Mexico State Judiciary has a Self-Representation Website for Family Law, where you can find information and forms related to divorce in the state. If you follow the links for court approved forms, you will find a long list of downloadable forms related to divorce. There is not a lot of information available on the New Mexico court websites related to divorce. If you feel confused when looking over this list, you are not alone. Unless you have legal training or work for the courts you are going to have some difficulty locating exactly what forms you need for your divorce.

This is why many people choose to get their New Mexico divorce forms online from CompleteCase.com.

At CompleteCase.com you can get the divorce forms you need for your situation, and you can get assistance in completing those forms. With our assistance, you can ensure that you do not experience any delays to your divorce due to issues with your divorce documents.

How to File Divorce Papers in New Mexico

Now that you have completed all of your divorce papers for New Mexico, you will need to file them with the judicial court in the county where you or your spouse resides. You should make at least two copies of your divorce documents, one for your records and one to serve to your spouse. It is advisable to contact the county clerk where you will be filing before you go to the court. You want to make certain you are bringing everything you need, including a form of payment that the court accepts for the state filing fee – usually cash or money order. If you do not have the money for the filing fee, you may be able to have the fee waived by completing a waiver form. Upon payment of the filing fee, the clerk will stamp the documents and inform you of the next steps in the process.

How to Serve Divorce Papers in New Mexico

New Mexico requires you to “serve” copies of the divorce papers to your spouse. Serving the papers will allow your spouse a chance to respond to the divorce, an important part of the legal system. You are allowed to serve your spouse in several ways, including:

  • Any Person Over 18 – Anyone over 18 can serve the papers, but they are cannot be involved in the divorce.

  • County Sheriff – You can pay the county sheriff to serve the papers.

  • Certified Mail – You can mail the documents, but your spouse must sign for them and you must get a return receipt. You will file the receipt with the court to complete the filing process.

When proof of service has been filed, the court will inform you of the waiting period before the divorce can be finalized.

Do you qualify for an online divorce?

Do you know the location of your spouse?
Is your spouse in agreement regarding this divorce and willing to sign the divorce papers with you?
Do you and your spouse have any children under the age of 18 from this marriage?