How to File for Divorce in New Mexico

New Mexico divorces are filed in the District Court. New Mexico is a community property state, so most property and debt acquired during the marriage is community unless proven separate. Most cases proceed on no-fault incompatibility.

Requirements to File

At least one spouse must have lived in New Mexico for 6 months immediately before filing and intend to remain domiciled here. File in the District Court for the county where either spouse resides. There is no mandatory separation to start a case.

Step-by-Step Process

Step 1: Choose your path and prepare forms.
For an uncontested path, complete a Petition for Dissolution, Summons, and financial disclosures. With children, add a Parenting Plan and UCCJEA affidavit. Draft a Marital Settlement Agreement if you already agree.

Step 2: File with the clerk.
File at the District Court (many districts allow e-filing). Pay the filing fee or request a fee waiver if payment is a hardship.

Step 3: Serve your spouse.
Use personal service by sheriff or process server, mail with signed receipt where allowed, or a signed acceptance of service. If your spouse cannot be located despite diligent efforts, request alternate service. Keep proof of service.

Step 4: Observe timelines and disclosures.
A respondent generally has 30 days after service to answer. Exchange complete, organized financials early; some courts require parent education for cases with children.

Step 5: Settlement or hearing.
If you settle, submit your Marital Settlement Agreement, child-related orders if applicable, and a proposed Final Decree. If issues remain, the court may set case management, mediation, and hearings.

Step 6: Final decree.
After court review, the judge signs a Final Decree of Dissolution covering community/separate property division, spousal support if any, legal/physical custody and timesharing, child support, and any name change. Obtain certified copies.

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FAQs

Is New Mexico a community property state?
Yes. Most property and debt acquired during marriage is community unless proven separate.

Which court handles divorces in New Mexico?
The District Court in the county where either spouse resides.

How long does a New Mexico divorce take?
Uncontested cases can resolve after the 30-day answer period and court review; timing depends on disclosures, settlement, and the court calendar.