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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.
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:
Cruel and inhuman treatment
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.
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.
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.
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.
It's great to have an option like this when dealing with an amicable, uncomplicated divorce - no need for attorneys when there's nothing to hash out.
I greatly appreciate the convenience and simplicity of the service provided by
I will recommend it to anyone of my friends or associates who are in need of a similar service.
It's great to have an option like this when dealing with an amicable, uncomplicated divorce - no need for attorneys when there's nothing to hash out.
By Deborah Sharp, USA TODAY
Couples can find a mate, fill out a bridal registry and plan a honeymoon on the computer. Now they can also divorce online.
A Web site started last year by a Seattle attorney gives the unhappily wed in Washington, California, Florida and New York the option of dissolving their marriages online. Texas is next, and several other states are being considered.
The site is the latest twist in a do-it-yourself trend. Changing trends in the USA Average age of first marriage Divorce year male female Divorced Americans Divorces granted 1970 23.2 20.8 4.3 million 0.7 million 2000 26.8 25.1 19.9 million 1.2 million Sources: U.S. Census; National Center for Health Statistics
No national figures exist on self-representation. But some experts estimate that as many as half of 1.2 million couples divorcing annually in the USA do so without a lawyer representing at least one of the parties.
The Web site, www.completecase.com, differs from the many self-help sites offering advice, referrals or downloads of documents needed to file for divorce in a particular state.
For $249, the Web site prompts couples with questions on everything from dividing financial assets to deciding where the kids celebrate birthdays. The software then uses their answers to fill out the documents that a couple can download and submit to a court.
Requirements vary by locale as to whether a couple must show up in court or can mail in or fax their divorce filing. But in all cases, a judge must still sign the order ending a marriage.
Randy Finney, a family law attorney for 11 years and the founder of the Web site, says it was designed for uncontested divorces. It's not for couples with convoluted finances or for those fighting over child custody and who gets the dog.
"The decision to get a divorce comes way before the decision about how to get a divorce," says Finney, 35, who is happily married. "I don't think anyone takes their wedding vows so frivolously that they're going to get a divorce just because they can do it for $249."
Not everyone is thrilled with the notion of cyber-divorce.
Judges and lawyers fret that couples who use the Web site may believe they've had legal counsel when they haven't. And leaders in the movement to save marriages complain that point-and-click divorce further undermines the institution's supposed sanctity.
"I can only think of one use of the Internet that's worse and that's pornography," says Dennis Rainey, executive director of FamilyLife, a religious group based in Little Rock. "We're trying to do all we can to call people to keep their wedding vows."
FamilyLife has joined with 30 other organizations since 1999 in drawing 175,000 spouses nationwide to "I Still Do" ceremonies that affirm marriage.
Despite the marriage celebrations, about one-fifth of American men and women have been divorced at least once.
A study released last month by the U.S. Census shows about 90% of Americans will marry at some point. For men, 54% married just once. For women, 60%. Serial marriage is rare: Only 3% of Americans have married three times or more; 13% have married twice.
Finney estimates his Web site has helped 1,000 couples unhitch. Stacey Kiss of Seattle is among those who traveled to virtual Splitsville. The self-described "Internet junkie" says it took her and her husband of seven years about three hours one night to click through the Web site's detailed questions.
"We never got along on anything through our entire marriage, but we still managed to come to an agreement," says Kiss, 36, a hospital business-services manager. "Why drag it out and make it complicated?"
She says the online split was cheaper and easier than her first, traditional divorce. Now single, Kiss says she's comfortable with dot-com divorce, but she draws the line at cyber-dating.
"I like surfing the Web," she says, "but not for men."
Ernesto Gomez and his wife Blanca had been planning to get a divorce for three years. They had already separated and worked out custody and child support for their two kids. But they had stalled on filing because they didn't want to deal with the hassle and expense. Hiring a lawyer, they were told, would cost at least $1,500. Using a free service offered by the court would involve numerous meetings spread out over several weeks.
So when Gomez heard an ad on the radio for a service called completecase.com that would let him fill out the paperwork online for just $249, he decided to give it a try. Four days after he logged onto the site, he had the papers completed and filed in court. "CompleteCase gives you step-by-step instructions. You can't miss anything," says Gomez, a distribution-center manager in Miami.
Gomez is not the only one turning to the Internet to simplify the process. Other services, like divorcewizards. com and divorcesyourself.com also offer quickie online divorce kits, usually for $300 or less. No lawyer is involved unless a client chooses to pay extra for a consultation by phone or e-mail.
Brian Lee, president of legalzoom.com says his site has handled more than 30,000 divorces since its launch in 2001. Though people still have to convey their forms to the court, the process of filling out the paperwork can take less than an hour, thanks to simple online questionnaires that hand-hold customers through the process.
Online divorce is not an option if the couple can't agree on the terms. Even when they can, not everyone thinks it's a good idea. "Instant divorce is the last thing we need," says Mike McManus, president of the marriage advocacy group Marriage Savers. Instead of a divorce, McManus says, couples often just need time to cool off before working out their differences.
Still, such services are spreading. Utah and California offer do-it-yourself sites that let you fill the forms out online (for $20 at utcourts.gov/how to; free at www.courtinfo.ca.gov/selfhelp) Traffic on the California site rose from 6,800 page views in May 2002 to nearly 17,000 in May 2003. --By Anita Hamilton
The Los Angeles Times; Los Angeles, Calif.; Nov 19, 2001; MARTIN MILLER;
Abstract: Californians can legally split from their spouses over the Web site http://www.completecase.com and never have to set foot in a courthouse or lawyer's office. Legal papers can be completed within anywhere from 30 minutes to two hours, depending on the complexity of the split, according to Randolph Finney, a Seattle-based family law attorney who founded the site.
For Californians, once the judge signs the documents, they are "legally binding and enforceable," says Finney, but per state law the divorce doesn't become finalized for six months.
Full Text: (Copyright, The Times Mirror Company; Los Angeles Times 2001 All rights reserved)
The circle of online life is now complete. You can date online; you can marry online; and now you can divorce online.
Californians can legally split from their spouses over the Web site http://www.completecase.com and never have to set foot in a courthouse or lawyer's office. Legal papers can be completed within anywhere from 30 minutes to two hours, depending on the complexity of the split, according to Randolph Finney, a Seattle-based family law attorney who founded the site.
For a flat fee of $249, the site walks divorcing couples step-by- step through such issues as community property and calculating child support payments. When the online form is completed, the applicant simply signs the papers and mails them to the courthouse.
But it's not for everyone. It works only for those couples who are parting amicably and filing for an uncontested divorce. "If you can't agree on who gets the kids, our site is not for you," says Finney, a married 35-year-old.
The site debuted earlier this year, but only to residents of Washington state. Last month, California was added, and soon Florida, New York and Oregon are expected to be added. So far, the site has helped process hundreds of divorces, says Finney.
The site has drawn critics who denounce the online divorce as yet another blow to society's bedrock institutions. The very ease of the process, some contend, makes family and marriage as disposable as an old appliance. Indeed, a similar site in England was recently condemned by the pope as immoral because it made divorce too easy.
Naturally, Finney disagrees. "I think our Web site has the opposite effect," he said. "If you're going to get divorced, let's do it in a civil manner. I really don't believe having something available that makes it easier and costs less money is going to encourage divorce."
The inspiration for the project came from his law practice, where he primarily handles divorces. It took about a year to get the site up and running. "On almost a daily basis, I would get clients who said they needed a divorce but didn't have the money or the patience with the legal process to pursue it," he said. "These people are really stuck between a rock and a hard place."
For Californians, once the judge signs the documents, they are "legally binding and enforceable," says Finney, but per state law the divorce doesn't become finalized for six months. "It isn't quite as fast as a Las Vegas divorce," he says.
Your case registration has been submitted successfully.
The next step in completing your divorce petition is to pay the case processing fee.
After your payment is processed, your personal login will be accessible. Logging in will allow you to answer the additional questions required to complete your divorce.
When completing the online questionnaire, help and explanations are provided for each question. Should you have any questions during the process, you may call our support line to speak with a divorce specialist.
We provide a 100% guarantee that the forms provided by CompleteCase.com will be accepted by the court. If the forms are not accepted due to the fault of CompleteCase.com, we will make any changes requested by the court or judge (without charge), or a refund will be issued. Verification of any denial or rejection may be requested.
Based on the information provided you are not qualified to use CompleteCase.com to complete your divorce online at this time.
We recommend contacting a licensed Family Law attorney to help you with your situation.