New Mexico No Fault Divorce

Divorce Papers > No Fault Divorce > New Mexico No Fault Divorce

The situation when both the spouses find their distorted marriage with no possible solution to recover their marital relationship, then people usually go for a no fault divorce in their state. The divorcing spouses clearly understand the fact that their marital indifferences reach to a level from where it is hardly possible to save their failing marriage. Various states in the US follow the no fault divorce laws and rights. The spouse, who takes the divorce action, is known as the Petitioner. The other spouse, who is served the divorce papers, is known as Respondent. The court in the county in which either divorcing partner resides can be chosen for filing the Petition. The court filing fees are different in different counties in this state. Before filing the New Mexico no fault divorce, the precise amount of fees can be inquired at the local courthouse.

Grounds of New Mexico No Fault Divorce

A no fault divorce in New Mexico is only granted after filing of suitable divorce grounds by the concerned parties. Either of two divorcing partners has to state that the marriage has been broken down irretrievably due to incompatibility between the divorcing partners. Moreover, there is no reasonable probability of reconciliation as well.

Residency requirements of New Mexico No Fault Divorce

It is essential that either of two divorcing partners should acquire the residency of at least six months before the divorce case was filed. This divorcing partner must possess a home in this state.

New Mexico No Fault Divorce Legal Form Kit

This kit is available in the .doc format, and Microsoft Word is the software that is essential for viewing it. The kit is Macintosh compatible. The last page in the ordering process has the "download now" button that has to be clicked to view this kit. This kit consists of the essential forms and filing instructions of a no fault divorce. However, these are to be observed only in simple and uncontested actions.

The following forms can be accessed in this kit. Additionally, there is a law glossary:

Without minor children

• Entry of default
• Affidavit for Entry of Default
• Decree of Dissolution of Marriage
• Certificate as to the State of the Record and Non-Appearance
• Waiver of Waiting Period
• Notice and Receipt of Summons
• Return of Service
• Affidavit of Service by Mail
• Summons
• Waiver and Consent
• Appearance
• Wife's Consent to Restore former name
• Petition for Dissolution of Marriag

With minor children

• Monthly Child Support Obligation Worksheet
• Affidavit concerning Child Custody
• Joint Custody Parenting Plan vEntry of Default
• Affidavit for Entry of Default
• Decree of Dissolution of Marriage
• Certificate as to the State of the Record and Non-Appearance
• Waiver of Waiting Period
• Notice and Receipt of Summons
• Return of Service
• Affidavit of Service by Mail
• Summons
• Waiver and Consent
• Appearance
• Wife's Consent to Restore Former Name
• Petition for Dissolution of Marriage

Points to note

• While computing the child support obligation, some of the factors that are considered are as follows:
  • Gross income of both the partners: The money earned by the divorcing couple is one of the significant factors considered before deciding the child support amount. The child support immensely contributes in a major way for adequate upbringing of the child.
  • Child related expenditures: The child related expenditure include the educational fees, health treatment charges, traveling expenses and likewise.
  • Duration of time spent by the child with each parent as per the visitation period.
• The child support obligation exists up to the eighteenth birthday of the child, although it may continue during the secondary education of the child.
• This state believes that joint legal custody is the ideal choice for any child. In this type of custody, both the divorcing parents take active participation in the crucial decisions regarding the development of the child.
• If the parents cannot reach any consensus regarding custody, the court passes orders to begin a mediation process. The mediators act as a third party, helping to reach a solution to all child related or other marital issues.
• When mediation also fails, the court takes the final decision regarding custody, maintaining the best interests of the child in mind.

The New Mexico divorce process also includes a thirty day waiting period during which all possibilities regarding reconciliation of the marriage are tested by both the parties. In the end, a no fault divorce is granted after consideration of suitable grounds and satisfying the residency criteria of the state.

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