How to File Your Divorce in New Mexico

When you select one of DivorceNM.com’s service packages—Divorce without Children, Divorce with Children or Child Custody & Parentage—you will get all of the documents you need for both parties in an uncontested divorce or for you alone in a contested divorce.

The next steps are yours to take, but DivorceNM.com provides the directions and support you need to actually file your divorce or custody case with your local New Mexico district Family Court.

Filing a Divorce Pro Se

You have the right to act on your own behalf in New Mexico. That requires you to do what an attorney would usually do for their client, including filing divorce and/or custody papers.

One document you will need to file with your local district court is Entry of Appearance Pro Se (Form 4A-105). This document lets the court know that you have no attorney of record and that all correspondence regarding your divorce case should go directly to you.

Entry of Appearance Pro Se will be automatically created for you by DivorceNM.com.

What You Need to File Your Uncontested Divorce

In an uncontested divorce, parties agree on all decisions regarding property division, spousal support, child custody and/or child support. So, all papers required to initiate and finalize a divorce can be submitted at the same time.

To have a complete divorce packet ready to file, you will need to:

  • Sign and/or sign in the presence of a Notary in all spaces required
  • Have your spouse sign and/or sign in the presence of a Notary in all spaces required
  • Make two copies of all forms
  • Make one self-addressed stamped envelope to your mailing address and one to your spouse’s mailing address
  • Deliver the original documents and copies to your District Court Clerk

When you deliver your documents, you will need to pay the court’s filing fees—$130 on average statewide, $137 in Bernalillo County. You may talk to the Court Clerk about free process—a waiver of the filing fee for those who meet certain low-income criteria.

With all the necessary documents on file, the judge assigned to your divorce case can finalize your divorce without any further papers or appearances, usually within a few days. If the judge has questions, the court may set a hearing.

What You Need to File Your Contested Divorce

In a contested divorce, you are requesting the court to make decisions regarding property division, spousal support, child custody and/or child support. You will not be able to get your spouse’s signature on all forms, so you will have to file your divorce application, serve your spouse and then wait the allotted time before taking your next step.

To initiate your divorce, you will need to:

  • Sign and/or sign in the presence of a Notary in all spaces required
  • Make two copies of all forms
  • Make one self-addressed stamped envelope to your mailing address
  • Deliver the original documents and copies to your District Court Clerk

When you deliver your documents, you will need to pay the court’s filing fees—$130 on average statewide, $137 in Bernalillo County. You may talk to the Court Clerk about free process—a waiver of the filing fee for those who meet certain low-income criteria.

The Court Clerk can help you prepare the Summons packet that will be served to your spouse. You must have legal documents served either by certified mail (with signature delivery confirmation/return receipt) or through a service processor, which may be a professional service or done by anyone over the age of 18 who can affirm personal delivery of the Summons packet.

When you receive proof of service, you will need to file that proof (called the Return) with the court as well. Your spouse (the Respondent) has 30 days to response. What you need to file once those 30 days are up depends on whether or not your spouse filed a Response with the court.

How to File Your Child Custody and Parentage Case

The steps to file a child custody case are the same as those for a divorce with children, and it may be either uncontested or contested. DivorceNM.com will provide you with the documents you need, and you can follow the steps that apply to your situation to file the necessary forms with your District Court Clerk.

Electronic Filing Options

You have the option to electronically file your divorce or custody documents. E-Filing will incur an additional (nominal) fee, and for ease of use, you should take the time to complete a brief online training.