Why Divorce.com?
Benefits of an online divorce
Divorce.com is a prompt and convenient platform to get started with an uncontested divorce by preparing the legal paperwork. It’s also an affordable alternative to hiring expensive lawyers or wasting many hours on DIY forms.
Divorce.com is also conveniently accessible from any device, allowing working on divorce documents from your home or office anytime. In addition, the entire process is simple and doesn’t require deep knowledge of the legal system.
You’ll only need to take a few simple steps to get papers:
Answer the online questionnaire at your own pace.
Make unlimited corrections to your answers before submitting them.
Download your documents, prepared in a PDF format, in just two business days.
Print and sign the forms and take them to the local court.
Divorce.com is an effective way to save time and money on divorce preparations!
New Mexico
Divorce Forms
All the forms required
Legal forms for a marriage dissolution depend on the circumstances, such as minor children, the number of disputes, and the spouses' willingness to cooperate.
The basic New Mexico divorce forms may be found at self-help centers and state online resources. The papers include the following:
Domestic relations information sheet - Form 4A-101
Petition for dissolution of marriage (w/o children) - Form 4A-102
Petition for dissolution of marriage (with children) - Form 4A-103
Application for free process and affidavit of indigency - Form 4-222
Response - Form 4A-104
Entry of appearance pro se - Form 4A-105
Motion for referral to mediation - Form 4A-204 and 4A-205
Request for hearing - Form 4A-206
Notice of hearing - Form 4A-207
Notice of compliance with Rule 1-123 NMRA - Form 4A-208
Interim monthly income and expenses statement - Form 4A-212
Interim order allocating income and expenses - Form 4A-213
Marital settlement agreement - Form 4A-301
Custody plan and order - Form 4A-302
Child support obligation and order - Form 4A-303
Wage withholding order - Form 4A-304
The final decree of dissolution of marriage (without children) - Form 4A-305
The final decree of dissolution of marriage (with children) - Form 4A-306
Additional forms for default divorce include:
Affidavit as to Respondent's failure to plead or otherwise defend - Form 4A-311
Certificate as to the state of the record - Form 4A-312
Application for default judgment and final decree of dissolution of marriage - Form 4A-313
Default judgment and final decree of dissolution of marriage - Form 4A-314 or 4A-315
Steps to consider
Filing Requirements
Residency Requirements
Getting a divorce in New Mexico has several conditions. Meeting the state's residency requirements is one of them, if the couple wants New Mexico courts to have jurisdiction to enter any judgments.
One of the spouses must:
have lived in New Mexico for six months before filing the lawsuit and have a residence in the state
have the intention to live in New Mexico after divorce
or have been stationed in a military base for six months before filing for divorce
Grounds for Divorce
Filing for divorce usually requires stating a legal reason. New Mexico has several of them: no-fault and fault-based grounds. Spouses with uncontested divorces usually use incompatibility as a no-fault reason.
It means that the motivation for the couple's marriage has disappeared, and there's no expectation for reconciliation. It also means that no one is responsible for the marriage breakdown.
Other fault-based reasons are:
cruel treatment
abandonment
adultery (i.e., cheating)
Initial Filing
The first stage of the divorce filing is getting together the Petition for Dissolution of Marriage, Domestic Relations Information Sheet, and several other court-required forms. The filing spouse must also notarize some of them.
Then, the petitioner must take these original papers and two copies to the district court. Finally, they should choose a local court in the counties where they or the other party lives.
The court clerk will stamp a date and case number on the papers.
Filing Fees
A petitioner filing their request for divorce must pay a mandatory filing fee, which differs between counties from $130 to $160. Other court costs may include sheriff's fees, photocopying, verifying of certificates, etc.
If a person cannot afford the payment, the court may allow them to pay it later or even waive the fee. Getting the fee waiver includes completing and filing Form 4-222 (an Application for free process and affidavit of indigency).
Serving the Respondent
Serving means sending copies of all filed papers to the respondent. They include a Petition for dissolution of marriage, Summons, and Domestic Relations Information Sheet.
Three primary ways to perform the service are:
personal service by a sheriff, private process server, or a person over 18 not involved in the case
certified mail with a Return Receipt
publication of a legal notice in a newspaper
After the respondent has received the papers, the petitioner must file a proof of service with the court.
Waiting Period
New Mexico laws require that the courts issue final orders concerning divorce only after a mandatory waiting period. So, 30 days must pass from filing a Petition for dissolution of marriage to signing a divorce decree.
This period is used for concluding parenting plans and negotiating other terms with the help of a divorce mediator. Sometimes, the spouses may ask the court to waive or shorten the time needed to get a final judgment.
Finalizing a Divorce Case
After the waiting period, a judge may hear the case in the courthouse. Typically, a petitioner must request a hearing by filing a Notice of Hearing and serving its copy on the respondent.
If the spouses agree, they must file the Final Decree of Dissolution of Marriage and the Marital Settlement Agreement with two copies. The judge may sign these papers without meeting the couple. However, they may also require the spouses to attend the final hearing.
Filing basics
Filing for Divorce
New Mexico
How to get started
Legal forms for a marriage dissolution depend on the circumstances, such as minor children, the number of disputes, and the spouses' willingness to cooperate.
The basic New Mexico divorce forms may be found at self-help centers and state online resources. The papers include the following:
Domestic relations information sheet - Form 4A-101
Petition for dissolution of marriage (w/o children) - Form 4A-102
Petition for dissolution of marriage (with children) - Form 4A-103
Application for free process and affidavit of indigency - Form 4-222
Response - Form 4A-104
Entry of appearance pro se - Form 4A-105
Motion for referral to mediation - Form 4A-204 and 4A-205
Request for hearing - Form 4A-206
Notice of hearing - Form 4A-207
Notice of compliance with Rule 1-123 NMRA - Form 4A-208
Interim monthly income and expenses statement - Form 4A-212
Interim order allocating income and expenses - Form 4A-213
Marital settlement agreement - Form 4A-301
Custody plan and order - Form 4A-302
Child support obligation and order - Form 4A-303
Wage withholding order - Form 4A-304
The final decree of dissolution of marriage (without children) - Form 4A-305
The final decree of dissolution of marriage (with children) - Form 4A-306
Additional forms for default divorce include:
Affidavit as to Respondent's failure to plead or otherwise defend - Form 4A-311
Certificate as to the state of the record - Form 4A-312
Application for default judgment and final decree of dissolution of marriage - Form 4A-313
Default judgment and final decree of dissolution of marriage - Form 4A-314 or 4A-315
Custody Basics
New Mexico family courts will not grant a divorce until all child-related issues are addressed. They include custody decisions and child support.
If the spouses agree to split the childcare obligations and ask for joint custody, they must present a mutual parenting plan for the court’s approval. This document should include the following provisions:
statements about the child’s education, religion, and recreation;
medical and dental care;
each parent’s rights and responsibilities;
methods of communicating with children;
procedures for dispute resolutions, etc.
If the parents can’t agree on child custody, the judges will decide for them. No preference will be given to a parent based on gender, so both women and men may get custodial rights. New Mexico laws have several types of child guardianship:
Joint legal custody - both parents have equal decision-making authority.
Sole legal custody - only one custodial parent may decide what is best for the children.
Joint physical custody - the children spend a more or less similar amount of time with each parent.
Sole physical custody - the child lives with a primary custodial parent and spends time with the other during visitation time.
The judge may consider the child’s wishes in determining custody, if they are older than fourteen. Other essential factors are the history of domestic violence and each parent’s capability to perform parental responsibilities.
Uncontested Divorce
An uncontested or amicable divorce means the spouses want to end their marriage on agreed terms without going through court battles. Such a peaceful resolution of all conflicts is beneficial for children and the overall divorce outcome.
Plus, it’s affordable since when both parties agree on the terms, they only need limited legal help and can deal with a divorce without lawyers. However, the spouses must take care of the paperwork to start their marriage dissolution, and it’s not always easy.
For example, they need to negotiate and conclude a settlement agreement which should include the following:
property division (assets, debts, real estate, benefits, etc.)
child custody and visitation
alimony and child support
If you need help with legal paperwork, Divorce.com should be your first choice. So you won’t have to worry about looking for the forms and filling them out yourself. In only two business days your documents will be ready to file with the district clerk in two business days.
Support Basics
New Mexico state laws require that all minor children receive financial support after their parents’ divorce. Essentially, it is a monthly or weekly payment that a parent with less parental time pays the child.
The amount of support is determined using the state’s child support guidelines based on both parents’ gross income and the number of minor children. However, if the calculated monthly payment is unjust for some reason, the court may deviate from the tables in the guidelines.
Child support obligation is typically terminated when the child:
becomes of age (18 y.o.)
emancipates (marries, joins the army, etc.)
graduates from high school (before they turn 20)
