The divorce process begins with the act of filing a Petition for the Dissolution of Marriage at the district court with jurisdiction over where you and/or your spouse currently reside.
Before You Can File for Divorce
In order to file for a divorce in New Mexico, you or your spouse must be a resident of New Mexico for at least six months. You may be required to provide documentation that proves your residency.
What You Need
In order to file for divorce in New Mexico you will need:
- Completed Petition for the Dissolution of Marriage, a document that clearly identifies the parties:
- Petitioner—the spouse initiating the divorce
- Respondent—the spouse who will be served documents notifying him or her that a Petition for Dissolution of Marriage has been filed
- Registered e-filing account (optional)
- Filing fee (see below)
Do not let registering for an e-Filing account scare you. It is a simple process that only requires you have an active email address. You can find directions on the New Mexico Courts website.
How and Where to File for Divorce
Your place of New Mexico residency will determine in which district court you need to file for divorce. Please refer to the map (courtesy of NMCourts.gov – The Judicial Branch of New Mexico). Divorce documents for all district courts are filed electronically through the e-filing system.
Divorce Filing Costs
Filing fees will vary depending on the district court in which you need to file. However, filing fees throughout the State are comparable, so you can expect to pay about $130 to open a civil case (i.e. the divorce) plus the $12 e-filing fee (if desired).
How to Get Started
If you are ready to take the first step toward divorce in New Mexico, you can start here and now.
Click to download a Divorce Intake Form for a Divorce with Children (and the Child Custody Intake Form for a Divorce without Children). This questionnaire will help gather the information you will need to create the Petition for Dissolution of Marriage document and other forms you will need later in the divorce process.
You can find answers to many common divorce questions here. You may also consult with a New Mexico divorce attorney at any time.