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Uncontested Divorce in New Mexico
Requirements for an Uncontested Divorce in New Mexico
To qualify for an uncontested divorce in New Mexico, also known as a dissolution of marriage, both spouses must meet the following conditions:
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Residency:
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At least one spouse must have lived in New Mexico for at least 6 months and have a domicile in the state before filing.
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Grounds for Divorce:
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New Mexico is a no-fault divorce state. You can file based on:
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Incompatibility (most common for uncontested cases)
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Living apart for 6 months or more (less common)
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Full Agreement:
To proceed with an uncontested divorce, both parties must agree on:
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Division of assets and debts
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Alimony (spousal support), if any
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Child custody, visitation, and support (if you have children)
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Steps to File for an Uncontested Divorce:
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Complete the Required Forms
Forms vary based on whether you have children. Common documents include:
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Petition for Dissolution of Marriage
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Marital Settlement Agreement
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Final Decree of Dissolution
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Parenting Plan and Child Support Worksheet (if applicable)
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Appearance and Consent (if both spouses agree)
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Financial Affidavits from both parties
Download official form here: https://www.nmcourts.gov/self-help/divorce/
2. File with the District Court
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File in the District Court in the county where either spouse resides.
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Filing Fee: Typically $130–$160.
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A fee waiver may be requested by filing a Motion to Proceed In Forma Pauperis
3. Serve the Other Party (if not filing jointly)
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If you filed alone, your spouse must be legally served
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If your spouse signs an Appearance and Consent, formal service is not necessary
4. Wait for Court Processing
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In most uncontested cases, a hearing is not required if the judge accepts your written agreement and documents
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If a hearing is needed (more likely if children are involved), it will usually be brief
5. Receive Final Decree
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Once approved, the judge signs a Final Decree of Dissolution, and your divorce is finalized
Cost Considerations
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Filing Fee: $130–$160 (varies by county)
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Service Fee (If required): $25–$50
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Attorney Flat Fee: $500–$1,000
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Online Divorce Services: $150–$350
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Fee Waiver: Yes, based on financial need
Important Considerations
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With Children:
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Must submit a Parenting Plan and Child Support Worksheet
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Court must ensure arrangements serve the best interest of the child
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Some courts may require parents to take a parenting class
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Property Division:
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New Mexico is a community property state—marital assets and debts are usually split 50/50 unless otherwise agreed
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Legal Advice Recommended:
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It’s a good idea to have an attorney review your Marital Settlement Agreement, especially with real estate, pensions, or parenting issues
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