To be eligible to apply for a divorce in New Mexico, you or your spouse must first have resided in New Mexico for at least six months.
If you meet the residency condition, then We can help you generate and file your divorce application and guide you step-by-step through the online divorce process.
Documents Required for a Complete Divorce Application
There are three documents required for a complete divorce application packet:
- Domestic Relations Information Sheet This document provides basic information, including contact numbers and addresses, of the parties involved in the divorce.
- Petition for a Dissolution of Marriage This document is a formal request for the Court to grant a divorce. The Petition for Dissolution of Marriage begins to outline some of the terms for a Final Decree, such as:
- Whether or not the wife’s maiden name will be restored
- Whether parents with minor children will share custody or one will seek sole legal and/or physical custody
The Petition requests that the Court confirm separate property and establish equitable division of shared property.
- Summons This document will be served to the party named the Respondent to notify them of that the Petition for Dissolution of Marriage has been filed.
The Petition for a Dissolution of Marriage is different for couples pursuing a divorce with children than those without children.
We will create the legal documents you need based on the intake forms you complete when you start your process.
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How to File Your Divorce Application
Once you have the divorce application documents, they need to be filed with the district court that has jurisdiction over where the Petitioner resides. You will need to submit the district’s filing fee* (average of $130 statewide) with the divorce application.
Most districts provide directions for paper filing. However, e-filing is faster and more efficient. We will provide easy-to-follow online filing directions with your Court-ready forms.
*Please note, the cost of our services does not include filing fees or other associated court costs. You will need to remit payment for the filing directly to the district court at the time you submit your divorce application.
Next Steps after Filing Your Divorce Application
Once you e-file your divorce application, here is what needs to happen next:
- The non-filing party (Respondent) must be served with the Summons, a copy of the Petition for Dissolution of Marriage and a blank copy of the Domestic Relations Information Sheet.
- The Respondent has 30 days to file the Response with the district court.
- If the Respondent provides the Response within 30 days, then the Respondent may proceed by filing the rest of the required documents to complete the divorce process, which may include:
- Notice of Compliance (with Rule 1-123 NMRA regarding financial disclosures)
- Marital Settlement Agreement (MSA)
- Final Decree of Dissolution of Marriage
- Child Custody Plan
- Child Support Obligation and Worksheet
- Withholding Order
If the Respondent does not submit the Response within 30 days, the Respondent then has a number of options for moving the case forward.
We will provide step-by-step instructions tailored to your situation to guide you to completion of your divorce.
Divorce Help When You Need It
We provide a wealth of resources to answer your questions about divorce. But if our online guides do not provide the answers you need, you may consult with an experienced New Mexico family lawyer.
Consultations up to 15 minutes are free. Appointments are required.