New Mexico Divorce Forms & Papers

Divorce Papers > New Mexico Divorce Forms & Papers

While filing a divorce in New Mexico one should make sure that your follow all the divorce laws and procedures as per the state of New Mexico. The New Medico divorce forms and papers should fulfill all the requirements of the state and it should also be filled appropriately. Before filing for divorce one should make sure that your learn a few important information pertaining divorce from authentic websites or one might also contact a good lawyer to make sure that you are aware of the laws and are prepared for it. Knowing a few important details would help you go through the divorce without any hassles and also with less efforts.

Residency requirement for the state of New Mexico:

As per the New Mexico divorce laws, one of the spouses must have been a resident of New Mexico for at least six months immediately preceding the filing for divorce and have a home in New Mexico. The divorce may be filed in any county where either spouse resides. [New Mexico Statutes Annotated; Article 4, Section 40-4-5].

Divorce grounds for New Mexico:

The only ground for no fault divorce in order to dissolve the marriage in New Mexico is: Incompatibility because of discord and conflicts of personalities such that the legitimate ends of the marriage relationship have been destroyed preventing any reasonable expectation of reconciliation. [New Mexico Statutes Annotated; Article 4, Sections 40-4-1 and 40-4-2].

On the other hand a fault-based divorce can be filed on the grounds of: 1) adultery 2) inhuman or cruel treatment 3) abandonment

A divorce in New Mexico can be done on an agreed basis or a default basis no matter what the reason for the divorce is. These methods are usually opted by people doing a divorce on their own; also termed as Do It Yourself divorce.

An agreed divorce is when both the spouses agree on to the terms and conditions of the divorce. In this method both the parties sign the document and agree on the terms related to property distribution, parental responsibilities and child support. This type of divorce is preferred by most couples in New Mexico.

A default divorce on the other hand is not signed by both the parties. In fact the entire divorce process is carried by one of the spouses and the other spouse just defaults on the case. In a default divorce the spouse filing for it usually gets everything that is mentioned in the divorce documents.

New Mexico divorce procedure:

One has to follow three basic procedures to compete the divorce formalities in the state of New Mexico. This includes:

  • Filing for divorce (you need to make sure that you follow all the rules and regulations before filing the documents at the county)
  • Notifying spouse about you filing divorce
  • Attending the court hearing at the county

  1. Use these exact words, all in capital letters: STATE OF NEW MEXICO, IN THE DISTRICT COURT, COUNTY
  2. Use these exact words, all in capital letters: PETITION FOR DISSOLUTION OF MARRIAGE
  3. Use the word "Petitioner". Be sure the "P" is capitalized.
  4. Use the word "Respondent". Be sure the "R" is capitalized.
  5. Use these exact words, all in capital letters: DECREE OF DISSOLUTION OF MARRIAGE
  6. Use the word "County" here.

Child custody or child support in the state of New Mexico:

Child custody in most cases is a shared agreement in the state. For sole custody arrangements, the reason for the same needs to be mentioned and it should also be agreed by both the parents. The financial status of a spouse is not considered while awarding child custody to a spouse. The custody of children is taken in their best interest taking into consideration their requirements and needs.

The state of New Mexico, has also determined guidelines for child support, in cases parents are unable to decide on the amount for child support.

Post divorce the wife can either take up her maiden name if she wishes or retain the same name. In most cases in New Mexico divorce a name change is also involved.

For detailed divorce laws in New Mexico state, please see New Mexico Divorce Laws page.

Free New Mexico Divorce Forms for Download

Following divorce forms are free for download. Most of the forms are provided with instructions on how to fill the form. To download any of these divorce papers and forms just right click on the link and select "Save As...".

If you don't want to file for divorce papers directly then find Divorce Lawyers in New Mexico here.

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