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Your New Mexico Divorce Laws 2017

Discover Your New Mexico Divorce Laws and Save Money… ….by Gaining The “Know-How” of the New Mexico Divorce Process


New Mexico Residency Requirement
According to the New Mexico Divorce Laws and New Mexico Divorce Guidelines, to get divorced in New Mexico, one of the spouses must have been a resident of the state for at least 6 months and have a place of residence in New Mexico.

Place of Divorce (Venue)
The case may be filed in:
Any county where either spouse resides

Simplified or Special Divorce Procedures
Marital settlement agreements and contracts for separation are specifically authorized by law and must be in writing. Any marital settlement agreements should be recorded in the county where the spouses reside.

New Mexico Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Incompatibility

Grounds for Fault based divorce:
(1) adultery
(2) abandonment
(3) cruel and inhuman treatment


NOTE: Regardless of the reason of the breakdown of the marriage or the reason for filing for divorce in New Mexico, the Divorce Do It Yourself Service will do divorces on an "Agreed" basis or a “Default” basis.

  • An Agreed Divorce , as described in the New Mexico divorce guidelines and NM divorce laws, is when the other spouses agrees to the terms of the divorce such as New Mexico property distribution, New Mexico child support, or New Mexico child custody. Most of our customers (75%) prefer the Agreed Divorce method when the spouses sign the divorce papers and are agreed to the divorce.

  • A Default Divorce , from the New Mexico divorce guidelines and NM divorce laws, is a divorce where your spouse doesn’t sign the New Mexico Divorce paperwork or New Mexico divorce forms. They simply doesn’t do anything at all… with the divorce. They simply default on their side of the case. And YOU who filed FIRST get whatever you ask for in the originally filed divorce forms. NICE

New Mexico Missing Spouse
If your unsure of where your spouse is currently located, you may still get divorced in New Mexico. A missing spouse divorce involves running an ad in your local penny newspaper. We help you through the process. Have no fear.

Wife’s Maiden Name
The Wife can receive her Maiden Name returned to her during the divorce. It is optional. We include this maiden name change in our divorce service for FREE. Often divorce in New Mexico includes a maiden name change.


New Mexico Divorce Resources
Here are the important divorce resources for New Mexico:


The Divorce Process to File Your Divorce in New Mexico
There are only a couple basic steps to a divorce:

  • File Your Divorce Papers for New Mexico at your Local County Courthouse (New Mexico Divorce Forms)
  • Notify Spouse by Service of Process of your filing for divorce in New Mexico
  • Attend your New Mexico divorce court hearing. That is it!


How The New Mexico Divorce Service Works

Divorce Process in New Mexico

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Child Custody Laws in New Mexico
Non Legalese Definitions: (source: divorce process in New Mexico and NM divorce laws)

  • Visitation is the Plan both spouses have on WHERE the children will live and WHEN the children will see each parent
  • Legal Custody is different than Visitation. It is the ability to make decisions in the lives of the children. Such as, which church they will go to and where the children will attend school.
  • Physical Custody Is the choice of where the children will live and which parent they live with.

New Mexico Child Custody in a shared arrangement, is the usual preferred method of our New Mexico divorce clients. If a sole-custody arrangement is what you would like, then there is usually a very good reason for it. Usually the financial status of a parent is not usually considered for allocating any parental rights and responsibilities. Shared Custody or Sole Child Custody is to be awarded according to the “best interests of the child.” That is the gold standard.

Your New Mexico Child Support Laws
If the 2 spouses are unable to agree to a specific $amount of child support, there are New Mexico Child Support Guidelines that determine the amount for you. The guideline amount is supposed to arrive at a support amount that is in the child's best interest. However, most divorcing couples agree to a $number on their own, that will work just fine. Also NOTE, in most situations, -0- Child Support is OK if both spouses are working and can manage. This is also true for a New Mexico Legal Separation

New Mexico Child Support Calculator
You can calculate your child support in New Mexico right here.
New Mexico Divorce Laws for Property Distribution
In an "Agreed Divorce" or "Default Divorce" the marital property is to be divided so that spouses agree on how to divide it. The main focus here is to agree on the division of the property…so that it doesn’t create a big fight that one party will want to go to a New Mexico divorce lawyer to make the divorce into a “Contested Divorce.” Then YOU will have to incur the fees of a lawyer too. Which can be huge.

  • Debts Most couples going thru a divorce, set out who will pay what debts as part of their Marital Settlement Agreement (MSA), and close all of their joint bank accounts.
  • New Mexico Alimony Laws (New Mexico Spousal Support Laws) In an Uncontested “Agreed or Default” Divorce, spousal support may be awarded to either spouse for their maintenance and support. Both parties must agree to it however…since most spouses are working, alimony (if awarded at all), is usually for a shorter period of time, and smaller amount than in the past. In the New Mexico divorce laws for alimony, it is possible for alimony to be paid in one lump sum payment OR the use of a payment plan has become popular in the last 10 years as well. Alimony is not required for a person to get divorced in New Mexico.

Your Local County Court Fees
In Filing a divorce, your local county court charges some fees. They go to pay the clerks and the judges. The usual range of fee's is between $75 and $200 to file a divorce. Every county does have different fees so the best way to know is to call your county in the blue government section of your phone book. Regardless of whether you are going through a divorce service, using a New Mexico divorce kit, using a divorce attorney (or divorce lawyer), or doing a nearly free divorce in New Mexico, you will be paying your own filing fees.


Divorce Laws and Guidelines





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1 After you order, send in your information via the simple Divorce Questionnaire.


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3 Sign and file the final divorce papers at your local County Courthouse. Get a date for your hearing and attend it.

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