Everything to Know About Divorce in New Mexico

• Prerequisites
• How to file for divorce
• Cost of divorce & filing fees
• Property, assets & debt division
• Spousal support (alimony)
• Child support & custody
• Separations and annulments
• E-filing
• Legal help and divorce resources

Wondering how to get divorced in New Mexico? This complete guide explains the process clearly—from who can file and how to serve papers, to how courts handle alimony, child custody, and dividing property. Whether you're filing for a no-fault divorce or trying to avoid court, here's what you need to know.

Divorce requirements in New Mexico

Before filing for divorce, you’ll need to meet basic legal requirements. 

Residency requirements

Either you or your spouse must have lived in New Mexico for at least six months before filing. 

Waiting period

There's also a mandatory 30-day waiting period after filing. If the case is uncontested and there are no children involved, the process may move faster.

Grounds for divorce

New Mexico allows both no-fault and fault-based divorces. No-fault is the most common—typically citing irreconcilable differences. But you can also file based on fault grounds, like adultery, cruelty, abandonment, or substance abuse. 

Note: Choosing a fault ground may impact decisions about custody or alimony.

How to file for divorce in New Mexico

Divorce begins when one spouse files a "Petition for Dissolution of Marriage" at their local court. The other spouse must be formally notified—known as service—through a process server, sheriff, or certified mail. Once served, the respondent has 30 days to file a response.

If the couple has minor children, both parents must complete a court-approved parenting class. Mediation may be required if there’s a dispute over custody or visitation. In uncontested cases, where both spouses agree on all terms, the divorce may be finalized without a court hearing. Contested cases may go before a judge.

How much does divorce cost in New Mexico?

Filing fees typically start around $132, but the final cost depends on your county and what forms you’re using. Additional costs can include parenting classes, service fees, and mediation. If you can't afford the filing fees, you can request a waiver by submitting an Application for Free Process.

How property and debt are divided

New Mexico uses a community property system, which means anything earned or acquired during the marriage is generally split 50/50. That includes income, homes, vehicles, and even debts.

Property owned before marriage, inheritances, or gifts are usually considered separate and not subject to division—unless those assets were mixed with marital funds (for example, adding a spouse to the deed or combining accounts).

Debts are treated the same way. Any debt taken on during the marriage is generally divided equally unless the court finds a reason to assign it differently.

Alimony in New Mexico

Spousal support—also called alimony—is not guaranteed. Judges award it based on factors like:

• Length of the marriage
• Each spouse’s income and earning ability
• Age and health of both people
• Contributions to the household, including supporting a spouse’s education or career

Most alimony is temporary. Rehabilitative support helps a lower-earning spouse gain skills or education to become self-sufficient. Transitional support helps with the adjustment to single-income living. Long-term or indefinite alimony is rare and usually limited to older spouses or long-term marriages where self-sufficiency isn’t realistic.

Child custody and child support rules

Custody in New Mexico includes both legal custody (decision-making rights) and physical custody (where the child lives). Courts prioritize the best interests of the child. When safe and practical, joint custody is encouraged.

Child support is calculated based on both parents’ gross income, time spent with the child, and expenses like health insurance or daycare. You can estimate your child support amount using the New Mexico Child Support Calculator.

Legal separation and annulment

If you’re not ready for divorce but want legal protection while living apart, you can file for legal separation. This allows couples to divide property, establish custody, and resolve support without ending the marriage.

Annulments are rare in New Mexico and only granted in specific situations, such as:

• One or both spouses were underage
• Lack of mental capacity
• Marriage entered under fraud or force
• Bigamy

Can you file for divorce online in New Mexico?

Yes. E-filing is available through the New Mexico Courts Portal. Make sure your county participates and that you follow all formatting, service, and signature requirements exactly as stated.

After the divorce: what to know

After the court finalizes your divorce, there are still a few important legal and financial tasks to wrap up:

• Changing your name: You can request to revert to a former name in the initial petition or final decree.
• Filing taxes: If your divorce is finalized before December 31 of the tax year, you’ll file taxes as single for that year. If not, you must file as married.
• Modifying court orders: Custody, visitation, child support, and alimony can all be modified later if your circumstances change significantly.
• Financial disclosures: Both spouses are required to provide full financial disclosures early in the case.

Legal help and divorce resources

If you're unsure about what steps to take, start with these trusted resources:

• New Mexico Courts: nmcourts.gov
• Child Support Services: hsd.state.nm.us
• Free Legal Aid: newmexicolegalaid.org
  

Divorce in New Mexico doesn’t have to be overwhelming. With the right information—and support—you can navigate each step with confidence. Whether you're figuring out how to divide assets or preparing for a parenting plan, understanding your rights is the first move toward a better outcome. Hello Divorce can help, from preparing your forms online to a fully supported process with expert help if and when you need it—for thousands less than the traditional lawyered-up approach.