Divorce papers in New Mexico — filing for divorce in NM
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Online divorce in New Mexico

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Disclaimer: Online Divorce is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Online Divorce provides access to computer-aided self-help services at your specific direction. Online Divorce's website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. OnlineDivorce.com is a website that provides access to self-guided online questionnaires. Online Divorce does not sell blank forms. You may be able to download blank forms from a government website depending on your state.

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by Jamie Kurtz

Jamie Kurtz has been a practicing divorce lawyer since 2008. She received her Juris Doctorate from Southwestern Law School in Los Angeles in 2007. Ms. Kurtz was selected to Rising Stars for 2013 - 2016, 2019 - 2020, a peer designation awarded only to a select number of accomplished attorneys in each state. She also co-founded a law firm that specializes in uncontested divorce cases.

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Online Divorce in New Mexico

divorce in New Mexico

For those seeking an inexpensive divorce in the state of New Mexico, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in New Mexico.

Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. Even though New Mexico has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.

Online divorce is the perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in New Mexico is quickly becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

Finally, you don’t have to worry - our process is 100% secure. We protect your information and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in New Mexico with the Onlinedivorce.com system can be a simple solution to a difficult situation.


When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In New Mexico, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides.

The actual filing process is explained in our detailed court-filing instructions that we provide along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.


Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. New Mexico is no exception. Establishing residency is important to make sure that the spouses are filing in the correct state (and county) and so the process moves through the court system smoothly.

In New Mexico, at least one of the spouses must have been a resident of the state for a minimum of six months before filing for divorce. In addition, this spouse must have a home established in the state.

There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and in-date New Mexico driver’s license, ID card or voter’s registration card which was issued at least six months before filing for divorce. If this is not the case, it may be possible to establish residency, by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form, and it should serve as proof you’ve lived in the state a minimum of six months.

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Valid grounds to get divorce in New Mexico

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of New Mexico. Grounds are merely the reason for divorce, and the state must approve them.


Accepted no-fault reasons for divorce in New Mexico include:



Incompatibility due to discord or conflict of personalities which ends the marriage and prevents any reasonable expectation of future reconciliation. This “ground” does not need to be proven. [New Mexico Statutes Annotated; Chapter 40, Article 4, Sections 40-4-1 and 40-4-2].


General (or fault-based) reasons for divorce in New Mexico include:



Adultery or marital misconduct, to include homosexual behavior;


Abandonment; and


Cruel and inhuman treatment of the other spouse. [New Mexico Statutes An­notated; Chapter 40, Article 4, Section 40-4-1].


With the general reasons for divorce, the grounds must be proven--often making them a more challenging prospect than filing a no-fault divorce so spouses should consider very carefully which of the options will work best for them.

OnlineDivorce reviews

Wesley H., Missouri

I started my divorce on my own, spending loads of money on lawyer visits in the beginning. So I decided to google for other ways and using this site was so much more simple!

James V., Texas

I had a very successful business at the time. So, making sure I had the right forms was very very important during my divorce. I was so surprised at how easy and smooth this process was.

Chloe J., Florida

After years of a tumultuous marriage, I finally decided that I needed to reclaim my life. I was looking for how to go about it and came across this site and they simplified and made the process of divorce easy for me. I never thought it would’ve been possible.

Will S., Colorado

Stress-free and easy! I was initially gonna hire a lawyer but I found online divorce the next best option. No muss, no fuss divorce. No big legal words that I’d have to have read 10 times to understand!

Marco P., California

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Theresa S., New York

I live in upstate NY and unfortunately one day I found myself in a situation for divorce. I was all out of whack, needed answers to take action. Enough was enough so I did it on this site. Everything was clear to understand, all forms and what to put in which box.

Livy B., Illinois

Onlinedivorce.com is the bomb! I mean, using it was so easy to follow. So, if you find yourself in this situation do your divorce here if possible. Documents for all stages, alimony, child support and all!

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Custody of the child in New Mexico

Custody of the child

Joint legal or sole child custody will be determined in accord to the best interests of the child or children. There is a presumption that joint legal custody is in the best interests of the child, unless shown otherwise. Joint legal custody does not mean that the child will spend half the time in the physical care of each spouse. Instead, joint legal custody means that the parents will both have an equal say in the important decisions in raising a child. The factors for consideration in all custody situations are:

  • The wishes of the child if sufficiently mature to give his or her opinion;
  • The desires of the parents;
  • The ongoing relationship of the child with his or her parents, siblings, and any other family members;
  • The child’s adjustment to his or her school, home life, activities and community;
  • The physical, mental and emotional health of all family members;

If the minor is at least 14 years old, the court may consider the wishes of the child.

In addition, the factors that will be considered in determining joint custody include:

  • The ability of the parents to make joint decisions in a cooperative manner;
  • The geographical proximity of the parents to each other as relating to the practical considerations of where the child resides;
  • Whether joint legal or physical custody will promote frequent or continuing contact between the child and his or her parents;
  • The love, affection, and emotional ties that may already exist between the parents and the child and other members of the family;
  • The capacity and disposition of the parents to provide the child with all material needs such as food, clothings and medical care.
  • Whether each parent is willing to accept the responsibilities of parenting which includes not only caring for the child or children, but also includes the willingness to accept or relinquish this care at agreed upon times;
  • Whether each parent will allow the other to provide care and guidance without intruding upon this agreed upon time;
  • The suitability of a parenting plan for implementing joint custody; and
  • Whether there is any indication that spousal or child abuse has occurred in the past or may occur again in the future. [New Mexico Statutes Annotated; Chapter 40, Article 4, Sections 40-4-9 and 40-4-9.1].

Rules for child support in New Mexico

Either parent can be ordered to provide child support for any children of the marriage, this will be based on a consideration of the financial resources of both of the parents and the needs of the child. Any welfare benefits received from the state or federal government are not considered as part of this calculation. Specific child support guidelines and worksheets are provided to help couples work out what child support will be expected. Separate worksheets are provided for determining child support amounts for parents who have visitation agreements as well as for parents who have shared responsibility (joint custody). Shared responsibility or joint custody is defined as each parent having the child in their home at least 35% of the time during a given calendar year. Child Support Guidelines are contained in the New Mexico Statutes Annotated; Article 4, Section 40-4-11.1. These guidelines will be presumed to be correct unless there a showing this support would be somehow unjust or it would be inappro­priate under the particular instances surrounding a case, specifically:

  • Extraordinary uninsured medical, dental, or counseling expenses for a child which adds up to over $100.00 per year;
  • Any out of the ordinary educational expenses for a child; and
  • Any transportation and communication expenses that are accrued for long-distance custody or visitation sharing.

If a substantial hardship occurs for either parent or the child, this may also justify an adjustment of the amount of the child support payment. In some cases, the assignment and withholding of wages to secure the child support payments can be ordered. [New Mexico Statutes Annotated; Chapter 27 Article 2, Sections 27-2-27 and Chapter 40, Article 4, Sections 40-4-7, 40-4-11, and 40-4-11.1].

Uncontested New Mexico divorce with children

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Rules for spousal support in New Mexico

Rules for spousal support

In New Mexico, either spouse can be awarded marital maintenance, this is given without regard to fault. The factors that the court will consider in the ending of the marriage are:

  • The length of the marriage;
  • Both of the spouse’s current and future abilities as a wage earner;
  • The good-faith efforts of the two spouses to find and maintain employment or become self-supporting in another manner;
  • The needs and obligations that each spouse may have
  • The age, overall health, and means of the two spouses;
  • The amount of and type of property that each spouse owns;
  • The spouses’ standard of living which was established during the marriage;
  • Whether medical and life insurance was obtained and maintained during the course of the marriage;
  • The assets and property of the two spouses, which will include any income-producing property [in most cases there will not be a requirement for either of the spouses to sell any property to pay maintenance, barring exceptional circumstances];
  • Each spouse’s debts and liabilities; and
  • Any separation or settlement agreements. [New Mexico Statutes Annotated; Chapter 40, Article 4, Section 40-4-7 and New Mexico Case Law].

Property division in New Mexico

Property division

When a couple divorces in New Mexico, they must distribute property in a fair, legally-mandated and agreeable manner. This can be a challenging proposition. When the couple can agree upon how to distribute property on their own, without involving the court this leads to an uncontested divorce and speeds up matters making for a much smoother divorce.

New Mexico is said to be a “community property” state. Each spouse will retain his or her property acquired prior to the marriage, this will be designated as separate property by a written agreement, and it also includes any gifts or inheritances that may have been given to one spouse in particular. New Mexico also uses a “quasi-community” property definition: All property, with the exception of separate property, that a spouse acquires outside the state of New Mexico, which would have been considered community property if they had acquired it in New Mexico is called Quasi-community property. “Quasi-community” property is treated the same as standard com­munity property. The spouse’s community property will be divided equally between the spouses without regard to marital fault is not considered. There are no additional factors for consideration set out in this or any other statute. [New Mexico Statutes Annotated; Chapter 40, Article 4, Sections 40-3-8 and 40-4-7].

Why us? Review the OnlineDivorce.com difference

Contested Divorce

Average prices start at $2000

Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unforeseen expenditures. Lengthy and expensive option.

  • Attorney availability impacts completion time
  • Each spouse has to hire an attorney, which automatically doubles legal costs
  • Potential court battles add to the already high-stress levels

The premier uncontested divorce tool

Fully-guided, fast and affordable process. Experienced and reliable online divorce service using top-notch technology.

  • Ready-to-file divorce documents can be completed at your own pace with easy access for both spouses
  • Award-winning customer support
  • One flat fee (for both spouses) to access all completed documents for filing
  • Free revisions and free name change, no hidden fees
  • Detailed state-specific filing instructions
  • Review all and make changes from the comfort of your own home
Other Online Divorce Services

Average prices start at $300

Other websites for filling out divorce documents use flawed software technologies to complete your divorce documentation.

  • Automated document preparation
  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies
  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Mediation support in New Mexico

There are provisions given in the state of New Mexico for the establishment of various domestic relations mediation programs. If these programs are established in the county where the divorce is filed, parents can request the use of such programs, or the court can order the parents to enter the program. [New Mexico Statutes Annotated; Chapter 40, Article 4, Section 40-12-5].

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. This can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in New Mexico

New Mexico forms produced by OnlineDivorce.com are court approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties which may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can simplify the process of preparing divorce documents and help both parties to move forward with their lives.

Divorce in New Mexico online

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Filing fees for divorce in New Mexico

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long will it take?

The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.

Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.

Frequently Asked Questions

Can I really file for divorce in New Mexico without a lawyer?

In New Mexico, as in every US state, the spouses have the right to represent themselves in a divorce case. A divorce arranged without a lawyer's assistance is known as a do-it-yourself divorce and is the most affordable way to terminate the marriage, making it a very popular option. However, it is worth noting that divorce without a lawyer is not suitable for all couples.

If the divorce case is contested, it is not recommended that you proceed without any assistance. The desire to save money is reasonable, but the parties should think about the desired outcome of the procedure. Contested divorces are very complicated, so a lawyer's help is usually needed.

In contrast, if proceeding with an amicable, uncontested divorce, the spouses may try to arrange the process without legal assistance. In this case, they can either prepare all the papers and the settlement agreement entirely on their own or resort to some kind of alternative assistance for various stages of the process. Options such as counseling, mediation, or online divorce enable the spouses to arrange a DIY divorce in New Mexico without undue stress and costs.

How can I file for divorce in New Mexico without a lawyer?

Although each divorce case is unique, and some may require some additional terms and effort, there are several main steps each couple needs to take to get a divorce in New Mexico.

Foremost, the spouses must meet the New Mexico residency requirements and determine which court to use. Then, the plaintiff (the spouse who initiates a divorce) needs to file the Petition for Dissolution of Marriage with the Supreme Court of the proper county and pay a court filing fee. This officially initiates the divorce case.

Once the court clerk signs the Summons, the plaintiff must serve the other spouse with copies of the Petition and the Summons, following the rules of civil procedure.
After the second spouse responds to the petition, the spouses can submit their Settlement Agreement to the judge and wait for the date of the final hearing. Since New Mexico does not require any waiting period, a divorce decree can be granted as soon as the court considers the case.

How much does it cost to get an uncontested divorce in New Mexico?

The cost of divorce in New Mexico is hard to predict since the circumstances of each divorce case are unique.

Since attorneys' fees usually make up the bulk of the expenses for a divorce, the total cost mainly depends on whether the spouses contest the case and whether they hire lawyers.

The cost of any divorce starts with paying a mandatory court filing fee, which is about $130 in New Mexico, so this is the lowest possible cost of a divorce. Still, even if the spouses arrange a divorce without a lawyer, they usually spend some money on parenting classes, mediation, private process service, online divorce, or other services that help to go through the divorce process with less effort.

How long do you have to live in New Mexico to file for divorce?

To file for divorce in New Mexico, at least one of the spouses must meet the residency requirements of the state.

Either spouse must have lived in New Mexico for at least six months preceding the filing for divorce and have a domicile in the state. 'Domicile' means that the person considers the state as their permanent home and is not going to move to another state in the foreseeable future. Along with it, the spouses' minor children must meet the same requirements.

How long do you have to respond to divorce papers in New Mexico?

New Mexico Family Law does not provide any 'cooling-off' waiting period after a divorce petition is filed, so the length of the divorce process is mostly determined by how quickly the defendant files the response to the petition.

After being served with divorce papers, the defendant has thirty days to answer.
If the defendant fails to answer within this period, the plaintiff can ask for a default divorce.

How do you get a free divorce in New Mexico?

The cheapest way to terminate the marriage in New Mexico is to arrange an amicable, do-it-yourself divorce without a lawyer and pay only the mandatory court filing fee. An entirely free divorce is only available to a plaintiff who qualifies to have the filing fee waived due to indigency.

To ask for a fee waiver the plaintiff has to file the Application for Free Process and an Order for Free Process.

What papers do I need to file for a divorce in New Mexico?

The required legal forms for each divorce case may vary depending on the circumstances. Yet, the basic set of forms which are necessary for every uncontested divorce in New Mexico include Petition for Dissolution of Marriage (with children / without children), Summons, Notice of Summons and Receipt of Summons, Appearance, Waiver and Consent, Marital Settlement Agreement, and the Decree of Dissolution.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
  • We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
  • We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
  • We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
  • We guarantee 100% court approval on divorce papers prepared through our website or your money back - we have 21 years of experience in completing divorce forms so clients can be sure the court will accept their documents without issues.

I highly recommend it. Online Divorce provides clear instructions at each stage of the process and fills out the forms according to your particular state and county's rules and requirements.

⭐⭐⭐⭐⭐ James K.