Divorce papers in New Mexico — filing for divorce in NM

Online divorce in New Mexico

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How to get divorce in New Mexico

Online Divorce provides qualitative and approved by New Mexico courts divorce papers. The information below may help to understand more about the divorce in New Mexico. onlinedivorce.com provides quick and inexpensive services of online divorce in New Mexico.


The key conditions to get a divorce in New Mexico are
:

1

To be able to obtain a divorce in the state of New Mexico one of the main conditions is that the marriage is legal. This means that the marriage has a legal force in the eyes of the law, since it was concluded with the fulfillment of all the rules of the state.

2

Either spouse must meet the state's requirements for residency and the valid grounds for divorce must be pointed out.

3

If the spouses do not have children and common property, then the court usually grants a divorce sooner. But if there are common minor children or property in the marriage, the spouses still may file for uncontested divorce in New Mexico, if they resolve all questions regarding custody and the division of property independently. If the spouses cannot come to an agreement, then the divorce will be qualified as contested. And the court decides on all the disputes in the proceedings.

4

Fill out the forms. The necessary New Mexico divorce papers greatly vary depending on the circumstances of a certain divorce case. The process of preparing divorce form documents is an important and responsible step of the process.

5

When the New Mexico divorce papers are ready, they must be registered in the court chancery. After this, the copies should be delivered to the non-filing spouse, and then, the couple may wait a state-established period so that the court can grant a divorce.

Residency:

In New Mexico, the residency requirements are the following:

  • One of the spouses is a resident of the state and has a domicile within 6 months before the filing of the claim in court;
  • One of the spouses has an honest intention to continue to stay in the state on an ongoing basis.

Military:

Persons who are residents of other states, but those in the service whose base is stationed in New Mexico for at least 6 months can also apply for divorce in New Mexico in the county where their military base or unit is located.

Persons who have lived in the state for at least 6 months before joining him or her in the military, and who are currently serving outside New Mexico and have an honest intention to return to residing in New Mexico after the service, still have the right to sue in New Mexico in the district of which they were residents.

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Valid grounds to get divorce in New Mexico

New Mexico flag

The State of New Mexico recognizes the following reasons for divorce:

#1

Irreconcilable differences;

#2

Violence by the spouse or cruel behavior;

#3

Adultery;

#4

Abandonment for a long period of time;

Only the first of the above grounds is no-fault, all the rest belong to fault reasons which must be proven before the court.

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Annulment of the marriage in New Mexico

Another way to terminate a marriage is an annulment. The annulment is different from divorce by the fact that those marriages that never existed are included in the annulment, they were concluded with violations of the rules of New Mexico and state law does not recognize them as legal.

Reasons for recognizing a marriage as invalid:

  • The marriage was forced;
  • One of the spouses was mentally ill during the marriage ceremony and did not have the opportunity to give his or hers consent to the marriage;
  • One of the spouses was already married at the time of the wedding ceremony, while the previous marriage was not terminated;
  • One of the spouses has not reached the age that is established by law for marriage;
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Custody of the child in New Mexico

Custody of the child

With the divorce in New Mexico, passing a decision on custody of minor children is one of the most important issues facing the court. If a child has not yet reached the age of 14, the court is ruled by him or her best interests, and also takes into account the following factors:

  • The wishes of both parents regarding custody;
  • The relationship of the child with parents, brothers and sisters;
  • Mental and physical health of the child and parents;
  • The child's fitness for home and school confinement;

If a minor child has already reached the age of 14, then the court takes into consideration the child's desire for his oe her custodian.
Initially it is assumed that joint custody is the best option for the child and parents, however, during court hearings the judge can change the initial decision based on the analysis of the following circumstances:

  • The opportunities and desire of each parent to assume the responsibility for raising a child;
  • The ability of each parent to respect the rights and obligations of the second parent;
  • Geographical location of the parents' residences;
  • The ability of each parent to resolve conflict situations when making decisions regarding the upbringing of the child;
  • Other factors that the court considers to be significant for the award of guardianship.

Rules for child support in New Mexico

After the parents got a divorce in the state of New Mexico and no longer live a married life, the court still obliges them to financially support their underage children. Usually financial support for children continues until he or she graduates from school, or until the child is 19 years old, whichever comes first. Similarly, if a minor child begins to earn money independently and can support himself, financial assistance to him or her is not paid.

Like many states in New Mexico the Income Shares Model applies to determine the amount of financial support. This model includes the parameters of the monthly gross income of parents and the number of underage children in the family.

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 may apply for financial assistance from the other spouse, after that the court will analyze a number of factors on the basis of which it can decide on the amount and duration of payments.

Financial support (alimony) can be of different types:

  • Rehabilitative Spousal Support - the finances necessary to provide the requested spouse with the necessary education or skills, so that he or she can support herself or directed to other rehabilitation services that will help the spouse return to his or her former life after divorce.
  • Transitional Spousal Support - the money needed by the requesting spouse for a short period of time, with the condition that the payout period is clearly marked.
  • Spousal Support for an Indefinite Duration.
  • Single Sum Payment - a one-time payment or an amount that is divided into several payments.

Payment of maintenance is terminated after the death of the spouse, unless otherwise specified in the agreement.

The court takes into account the following factors when deciding on financial support:

  • The age, physical and mental characteristics of each spouse;
  • Sources of income and expenses of each spouse;
  • Standard of living habitual to spouses during marriage;
  • The amount of health insurance for each spouse;
  • The needs of each spouse;
  • Duration of marriage;
  • The property of each spouse;
  • The marriage agreement of the spouses, if any;

Property division in New Mexico

Property division

If the spouses have common property, then during the divorce in New Mexico they are obliged to divide it.

The common property is all the property that was acquired by the spouses during the marriage. State courts are guided by the principle that common property should be divided equally. However, if the spouse is the owner of a separate property, then it is not subject to separation
To the separate property can be attributed:

  • Property that was recognized as separate by a court decision;
  • Property acquired by the spouse prior to marriage or after divorce;
  • Property that was acquired through donation or inheritance;
  • Property that was recognized as such under the written agreement of the spouses;

Divorce without a lawyer in New Mexico

Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". A divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

To simplify the process, you can initiate an online divorce in New Mexico. Our service will help you quickly prepare all the necessary divorce form documents, which will greatly accelerate the process of your divorce.

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Websites for filling out divorce documents. Use software technonlogies to complete your divorce documentation.
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Mediation support in New Mexico

State law does not oblige spouses to resort to the help of mediators in the process of divorce, however, either party can do it voluntarily if he or she sees that a third party is able to resolve disputes between spouses.

Divorce forms in New Mexico

There are a number of standard New Mexico divorce papers that should be submitted to the courts of the State of New Mexico, including: "Petition for the Dissolution of Marriage Without Children" and the "Petition for Dissolution of Marriage With Children". However, depending on the circumstances of the certain divorce case the additional divorce forms may be needed.

The New Mexico judiciary provides information on divorce rules and papers that can be found on the state website.

Online Divorce offers preparation of all the divorce papers which may be needed.

Uncontested divorce in New Mexico

Uncontested divorce in New Mexico

If both spouses agree to a divorce and there is no dispute between them, then it will be called an uncontested divorce. Usually, an uncontested divorce is a quick enough and easy way to terminate a marriage. In New Mexico, a divorce is also called a "dissolution". To get an uncontested divorce in New Mexico, the following requirements must be met:

  • The parties want to dissolve the marriage on the grounds that they no longer get along with each other and there is no chance of reconciliation;
  • The parties have already agreed on how to divide common property and debts, as well as resolve questions regarding the guardianship of children;
  • The parties have agreed on the amount of financial support for minor children who are present in the marriage, as well as on the amount and period of payment of alimony.

How to serve divorce papers in New Mexico

Legislation of New Mexico requires the Plaintiff to serve copies of New Mexico divorce papers to the Defendant by one of the following ways:

  • Asking someone who does not participate in the divorce to transfer the papers personally to the Defendant. 
  • Services of a sheriff. 
  • Certified mail.
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Filing fees for divorce in New Mexico

Total divorce fees may contain a cost of New Mexico court filing fees, a cost of using the service of OnlineDivorce.com as well as other expenses. This cost may vary by county.