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New Mexico     View New Mexico Code
Disclaimer: What you read and see on this site is NOT legal advice. It is for educational purposes only. This information is commonly had in other resources, but we have assembled it here for you to see all in one place. So come back and view it as often as you like.


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 , defined by New Mexico divorce guidelines and New Mexico divorce laws, is a scenario where the spouses agree on the terms of the divorce such as New Mexico property distribution, New Mexico child support, or New Mexico child custody. Most of our clients (75%) prefer the Agreed Divorce method and both spouses sign the divorce papers and are agreed to the terms of divorce.


• A Default Divorce , according to the New Mexico divorce guidelines and New Mexico divorce laws, is a divorce where the other spouse doesn’t sign the New Mexico Divorce forms or New Mexico divorce papers, he/she doesn’t do anything at all with the divorce. They simply default on the case and the spouse who files for divorce gets whatever was asked for in the original paperwork.

Process to file for Divorce in New Mexico
There are only three basic procedural steps to a divorce:

• File New Mexico Divorce Papers (New Mexico Divorce Forms)
• Notify Spouse of your filing for divorce in New Mexico
• Attend your New Mexico divorce hearing

New Mexico Child Custody
Simple Definitions: (source: New Mexico divorce guidelines and New Mexico divorce laws)

• Visitation is the plan the spouses have on where the children will live and when the children will see the other spouse
• Legal Custody is the decision ability of the parents in the lives of the children. Such as, where the children will attend school and which church they will go to.
• Physical Custody pertains to the place where the children will live and which parent they live with.

New Mexico Child Custody in a shared arrangement, in one form or another, is the preferred method of our New Mexico divorce customers. If a sole custody arrangement is to be considered, then there is usually a reason agreed upon by both parties that one parent is to have the children. Usually the financial status of a parent is not to be considered for allocating any parental rights and responsibilities. Shared Custody or Sole Child Custody may be awarded according to the best interests of the child.

New Mexico Child Support
If the parents are unable to agree to an amount of child support, there are guidelines that determine the amount of support based on the New Mexico Child Support Guidelines. The guideline amount is presumed to arrive at an amount of support that is in the child's best interest. But, most divorcing spouses agree to a figure on their own, that will work just fine. Also, in most situations, -0- Child Support is OK if both spouses are working and can manage.


Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property is divided so that both parties agree to the division. The main concern here is to agree to the property division so that it doesn’t create a fight that one party will want to go to a New Mexico divorce lawyer or divorce attorney to make the case into a Contested Divorce. Then you will have to incur the fees of a lawyer too.

• Debts Most divorcing spouses set out who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.
• Alimony (Spousal Support) In an Uncontested Divorce, Alimony may be awarded to either spouse for their support and maintenance after the divorce. Both parties must agree to it. 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. Alimony may be paid in a lump sum payment of money or a payment plan. Alimony is not required for a person to get divorced in New Mexico.

Missing Spouse
If you do not know where your spouse is and cannot locate him/her, after diligent effort, you may still get a divorce in New Mexico. It may involve the extra expense of running a newspaper ad or something similar. We help you through the process.

Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she wishes. We include this name change in our service for FREE. Divorce in New Mexico often includes a name change.

Court Filing Fees
The Court filing fees are not included in the price of our service. To file for divorce in New Mexico, fees must usually be paid when you file the New Mexico divorce forms and New Mexico divorce papers at your county courthouse. These fees vary between County to County, so it is best to call them and ask what the fees are in your County. 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 almost always be the one to cover the court fees which is standard procedure.

• See the cost of our service for New Mexico – Click Here

• Frequently Asked Questions Page (additional info) | Contact Us

Do You Qualify for an Uncontested Divorce?

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