Marriage & Divorce Laws in New Mexico

New Mexico Finances, Property and Support

Other Important Topics about Divorce in New Mexico 

Important Information About Divorce in New Mexico

What is the waiting period for divorce in New Mexico? 30 days. [If no minor children, waiting period can be waived by Respondent]

Do you need to be separated before filing for divorce in New Mexico? If so, how long? No

What type of property laws apply (e.g., separate property, equitable property) in New Mexico? Community Property

What is the filing fee for divorce in New Mexico? $132 plus various other fees for certain packets (e.g., contested divorce with children adds $20). Specific fees: https://firstdistrictcourt.nmcourts.gov/home/fees-and-costs/

Is a joint petition possible in New Mexico? Yes.

How do you waive the filing fee in New Mexico? File the Application for Free Process (Form 4-222) and an Order for Free Process (Form 4-223). The court may decide without a hearing. Form: https://supremecourt.nmcourts.gov/wp-content/uploads/sites/3/2021/11/Form-4-223-NMRA.pdf

What are the annulment rules in New Mexico?

• Spouse was under 16 at marriage.

• Spouse under 18 without parental consent.

• Illegal marriage due to close relation or bigamy.

Is there a faster way to divorce (e.g., summary dissolution) in New Mexico? Uncontested divorce is fastest.

What are divorcing parties called in New Mexico? Petitioner and Respondent.

What are the methods of serving the petition, and can the respondent waive service in New Mexico? Joint filing eliminates service requirement. Methods: Process server, sheriff, adult not party to case, or certified mail requiring signature.

What are the residency requirements for divorce in New Mexico? You or your spouse must live in New Mexico for six months prior.

Does it matter who files first in New Mexico? No

What is the deadline for responding to a divorce petition in New Mexico? 30 days

Are parties required to go to court in New Mexico? Not if divorce is uncontested.

Are there any requirements before filing or finalizing divorce (e.g., classes) in New Mexico? Parents must attend a Parent Stabilization course before the divorce decree.

Is separation required before finalizing divorce in New Mexico? No

Is New Mexico a no-fault divorce state? Yes

If fault-based divorce is permitted, what are the grounds in New Mexico? Cruel and inhuman treatment, adultery, abandonment.

Is permanent alimony or spousal support available in New Mexico? Yes, but rare.

What are the rules for alimony/spousal support in New Mexico? Permanent support uncommon, typically for marriages over 20 years or if recipient has advanced age or health issues. No mandatory calculation but recommended settlement guidelines exist:

• Without child support: 30% payor's gross income minus 50% recipient’s gross income.

• With child support: 28% payor's gross income minus 58% recipient’s gross income.

What are the child support rules in New Mexico? See: https://www.hsd.state.nm.us/lookingforinformation/child-support-enforcement-division-1/

What are military divorce rules in New Mexico? Military retirement pay accrued during marriage can be community property if residence or station in New Mexico is at least six months.

Is there an official spousal support calculator in New Mexico? If yes, link. No

Is there an official child support calculator in New Mexico? If yes, link. Yes. Interactive calculator available: https://appjidcsworksheet-nmcourts.sks.com/csworksheet/

When can you file taxes as a single person in New Mexico? After obtaining final divorce decree by December 31 of tax year.

Can parties legally separate in New Mexico? If so, how? Yes. Requires living apart permanently, division of property, debts, custody, and support agreements.

Where do you file for divorce in New Mexico? In the district court of the county where either spouse resides.

What rules apply to filing for divorce in this location in New Mexico? Must meet residency requirements and file in district court of either spouse’s county.

What are the primary divorce documents called in New Mexico? Petition for Dissolution of Marriage

Can you change your name during the divorce process in New Mexico? If so, how? Yes. Indicate request on initial divorce petition.

Can you finalize divorce while pregnant in New Mexico? If yes, how? Filing is possible, but final approval may be delayed until after the child is born.

What are the rules for ending domestic partnerships in New Mexico? New Mexico does not recognize domestic partnerships.

Are financial disclosures required in New Mexico? If so, explain. Yes. Both spouses must exchange financial information within 45 days of filing divorce. (NMRA 1-123)

Is free legal help available for divorce in New Mexico? If so, how do you access it? Yes. Access through: https://www.newmexicolegalaid.org/ or https://www.lawhelpnewmexico.org/

Is common law marriage recognized in New Mexico? No

Is e-filing available for divorce in New Mexico? If yes, provide link. Yes. https://www.nmcourts.gov/e-filing/

Are you required to appear in court during the divorce process in New Mexico? A hearing may be required for the judge to approve your settlement agreement.

Sources:

https://firstdistrictcourt.nmcourts.gov

https://www.hsd.state.nm.us