The district court has jurisdiction to decree a dissolution of marriage when at the time of filing the petition either party has resided in this state for at least six months immediately preceding the date of the filing and has a domicile in New Mexico. The petition is to be filed in the county in which either spouse reside. Persons serving in any military branch of the United States Government who have been continuously stationed in any military base or installation in New Mexico for such period of six months shall, for the purposes hereof, be deemed to have a domicile of the state and county where such military base or installation is located. (New Mexico Statutes - Article 4 - Sections: 40-4-5)

1. incompatibility. (New Mexico Statutes - Article 4 - Sections: 40-4-1, 40-4-2)

Separate property can be classified or defined as follows: (A) property acquired by either spouse before marriage or after entry of a decree of dissolution of marriage; (B) property acquired after entry of a decree; (C) property designated as separate property by a judgment or decree of any court having jurisdiction; (D) property acquired by either spouse by gift, bequest, devise or descent; and (E) property designated as separate property by a written agreement between the spouses, including a deed or other written agreement concerning property held by the spouses as joint tenants or tenants in common in which the property is designated as separate property. The "community property" acquired by either or both spouses during the marriage, which is not separate property, is divisible upon the termination of the marriage. (New Mexico Statutes - Article 4 - Sections: 40-3-8, 40-4-7)

If the parties have not come to an agreement regarding the spousal support, on final hearing, the court may do the following: (1) may allow either party such a reasonable portion of the spouse's property or such a reasonable sum of money to be paid by either spouse either in a single sum or in installments, as spousal support as under the circumstances of the case may seem just and proper, including a court award of: (a) rehabilitative spousal support ; temporary spousal support; or permanent spouse support. When making determinations concerning spousal support to be awarded, the court shall consider: (1) the age and health of and the means of support for the respective spouses; (2) the current and future earnings and the earning capacity of the respective spouses; (3) the good-faith efforts of the respective spouses to maintain employment or to become self-supporting; (4) the reasonable needs of the respective spouses, including: (a) the standard of living of the respective spouses during the term of the marriage; (b) the maintenance of medical insurance for the respective spouses; and (c) the appropriateness of life insurance, including its availability and cost, insuring the life of the person who is to pay support to secure the payments, with any life insurance proceeds paid on the death of the paying spouse to be in lieu of further support; (5) the duration of the marriage; (6) the amount of the property awarded or confirmed to the respective spouses; (7) the type and nature of the respective spouses' assets; provided that potential proceeds from the sale of property by either spouse shall not be considered by the court, unless required by exceptional circumstances and the need to be fair to the parties; (8) the type and nature of the respective spouses' liabilities; (9) income produced by property owned by the respective spouses; and (10) agreements entered into by the spouses in contemplation of the dissolution of marriage or legal separation. (New Mexico Statutes - Article 4 - Sections: 40-4-7)

The court will determine custody in accordance with the best interests of the child. The court shall consider all relevant factors including, but not limited to: (1) the wishes of the child's parent or parents as to his custody; (2) the wishes of the child as to his custodian; (3) the interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child's best interest; (4) the child's adjustment to his home, school and community; and (5) the mental and physical health of all individuals involved. If the minor is fourteen years of age or older, the court shall consider the desires of the minor as to with whom he wishes to live before awarding custody of such minor. (New Mexico Statutes - Article 4 - Sections: 40-4-9, 40-4-9.1)

The purposes of the child support guidelines are to: (1) establish as state policy an adequate standard of support for children, subject to the ability of parents to pay; (2) make awards more equitable by ensuring more consistent treatment of persons in similar circumstances; and (3) improve the efficiency of the court process by promoting settlements and giving courts and the parties guidance in establishing levels of awards. The child support may also include: (1) any extraordinary medical, dental and counseling expenses incurred on behalf of the children of the parties. Such extraordinary expenses are uninsured expenses in excess of one hundred dollars ($100) per child per year; (2) any extraordinary educational expenses for children of the parties; and (3) transportation and communication expenses necessary for long distance visitation or time sharing. (New Mexico Statutes - Article 4 - Sections: 27-2-27, 40-4-7, 40-4-11)

One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.

If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.

If you are in the military and are stationed overseas, you would typically file in your home residency state.

Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.

The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.

The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.

As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.

The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.

Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.

Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.

3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.

The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.

The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.