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New Mexico allows you to complete your divorce without an attorney if you and your spouse can come to an agreement on what to do with your property and how you will care for any children that you may have.
New Mexico Residency Requirements
At least one spouse must have resided in New Mexico for at least 60 days immediately before the divorce is filed.
Grounds For Divorce
New Mexico is a no-fault divorce state. In a New Mexico divorce, the no-fault ground for dissolution of marriage is based on incompatibility.
Filing Your New Mexico Divorce
The basic steps for filing your divorce are as follows:
- You review and sign the documents (some in the presence of a notary), then file the divorce documents with the Clerk of the District Court.
- Take a copy of the filed divorce documents to the office of the Judge assigned to the case.
- The Judge reviews the divorce documents and decides if a hearing is necessary.
- If a hearing is not necessary, the Judge will sign the Final Decree of Dissolution of Marriage. You will file a copy of the Final Decree with the Clerk of the District Court, finalizing the divorce process.
- If the Judge determines a hearing is necessary, both spouses will attend the hearing at which time the judge signs the Final Decree. You will file a copy of the Final Decree with the Clerk of the District Court, finalizing the divorce process.
Division of property & debt, child parenting plan (including child support, visitation and custody), spousal support, and more are covered.
Documents
If you select a New Mexico divorce without children, you are selecting the following forms:
- Petition for Dissolution of Marriage
- Domestic Relations Information Sheet
- Marital Settlement Agreement (Simple or Complex)
- Final Decree of Dissolution of Marriage
If you select a New Mexico divorce with children,
you are selecting the non-children forms as well as:
- Parenting Plan
- Wage Withholding Order
- Child Support Worksheet(s)
DivorceWriter provides forms specific to the state of New Mexico and offers a money back guarantee if your documents are not accepted by the Court.
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