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DO IT YOURSELF DIVORCE IN NEW MEXICO

Filing an uncontested divorce in New Mexico is very common. In cases where both spouses agree and are willing to sign the paperwork, the New Mexico filing procedure can be done quickly without any great expense. When the spouses are in agreement it helps facilitate a smoother divorce process as well as decrease court and legal expenses.

New Mexico Grounds for Divorce

A divorce in New Mexico may be granted based on the following grounds: no-fault, which means incompatibility, or fault grounds of cruel and inhuman treatment, adultery, or abandonment.

New Mexico Residency To File

One spouse must have resided in New Mexico for at least six months immediately preceding the date of the filing and have a residence in New Mexico to file for a dissolution of marriage. The same applies to military personnel stationed in New Mexico. The proceedings may be instituted in the county where either of the spouses reside.

New Mexico Divorce Process

Depending on the situation, the petitioner completes a Petition for the Dissolution of Marriage Without Children, or a Petition for Dissolution of Marriage With Children (when the children are under 19 and still in high school) along with a few other formality documents.

New Mexico online divorce process The petitioner files the divorce papers in the judicial district court for his or her county, and pays a filing fee or requests a fee waiver when he or she cannot afford the filing fee. The court may waive the filing fee, but this is decided on a case by case basis.

When filing, the petitioner should bring multiple copies of all documents of the divorce paperwork. The court clerk stamps the copies, one of which is then served on the other spouse.

The respondent is either served personally or receives a court stamped copy by U.S. certified mail, restricted delivery, return receipt requested.

After the respondent has been served, the petitioner should file the proof of service with the court. For example, if the respondent signs the green proof of delivery card, the petitioner returns it to the court clerk's office as proof of service. Here is more information regarding the process of filing uncontested divorce papers in New Mexico.

The spouses exchange financial information no later than 45 days after the filing. One of the financial disclosure forms, called the "Notice of Compliance with Rule 4-123 NMRA," lists all of the other financial forms that must be exchanged.

The respondent spouse should complete an appearance form and a written response to the divorce Petition within 30 days of service of the Petition. In the response, the respondent can either agree or disagree with what the petitioner has stated in the divorce Petition. The respondent delivers the original response to the court and sends a copy to the petitioner. There is no waiting period in New Mexico before the divorce can be finalized. Learn the best ways to save money when doing your own divorce in New Mexico.

Do It Yourself Online Divorce in New Mexico

Our online software makes it easy to file your own divorce in New Mexico. In as little as 20 minutes you can have all your completed divorce forms and filing instructions ready for signing and filing. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times. See if you qualify below:

New Mexico Property Division Upon Divorce

New Mexico is a community property state, meaning that property and debts acquired during the marriage shall be split equally, unless the parties reach an agreement as to otherwise. New Mexico divides the marital estate on the dual classification routine. The appreciation of separate property is marital. In a community property state, each spouse has an undivided one-half vested interest in the property of the other spouse. Separate property is not subject to division because it is not community property.

Separate property is generally property acquired by either spouse by gift, bequest, devise or descent; and 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.

New Mexico Alimony and Spousal Support

Either spouse may request alimony. Typically a couple must be married for at least ten years before the court considers alimony, and the burden of proof of need must be demonstrated by the party seeking support. The New Mexico courts have discretion in awarding alimony. The court considers a variety of factors including the reasonable needs of the respective spouses, particularly the standard of living of the spouses while married.

Spousal support may be awarded on a rehabilitative, transitional, or indefinite basis; however, courts are reluctant to award the traditional form of long-term alimony, payable until the receiving spouse dies or remarries, because judges want to see the parties become self-sufficient. Alimony is either modifiable or non-modifiable.

New Mexico Child Custody

In deciding custody, the court decides in accordance with the best interests of the child, considering all relevant factors including, but not limited to: the wishes of the child's parent or parents, the wishes of the child as to his custodian, the interaction and interrelationship of the child with his parents, his siblings and any other involved person, the child's adjustment to his home, school and community, and the mental and physical health of all individuals involved. The court considers the wishes of minors 14 years of age or older.

Either joint custody or sole custody can be granted; however, New Mexico law expresses a preference for joint custody so that parents share as equally as practically possible in the custody of a child in a divorce case. Joint custody allows both parents joint rights and responsibilities in raising a child, and strengthens the parent-child bond even after divorce. However, this is not always possible in cases where the child's welfare is at risk with one of the parents.

If child custody is contested, the court may appoint a guardian ad litem to appear for the minor children. The court shall also refer the case to mediation if feasible unless a party asserts, or it appears to the court, that domestic violence or child abuse has occurred.

Gender of the parent does not determine custody. The courts hold that joint custody is in the best interests of a child, but this does not imply an equal division of the child's time between the parents or an equal division of financial responsibility for the child.

The New Mexico courts have full discretion when determining visitation between children and parents.

New Mexico Child Support Guidelines

New Mexico uses an Income Shares model to determine child support. In this regime, each parent's gross income is divided by the total of both parents income to determine the percentage of support that each parent pays. The total income from both parents determines the level of support to be paid, based on the child support tables.

Two schedules - A and B - are used when calculating child support depending on the percentage of visitation time. In circumstances where one parent has the child at least 65 percent of the time, Schedule A applies. Schedule B is usually used in a joint custody arrangement where each parent has at least 35 percent of the time with the child (NMSA Section 40-4-9.1A). The non-custodial parent has visitation rights when the child is with the other parent.

Child support continues until the children's graduation from high school if the children are emancipated only by age, are under nineteen and are attending high school. Child support may provide for maintenance and education after high school of emancipated children pursuant to a written agreement between the parties.

New Mexico Process of Service for Filing a Divorce

Under New Mexico law, the respondent spouse may be served by:
> receiving a court-stamped copy of the petition from any person over the age of 18;
> receiving a court-stamped copy of the petition from the county sheriff where the respondent lives or works, or
> receiving a court-stamped copy of the petition by U.S. certified mail, restricted delivery, return receipt requested.

After the respondent has been served, the petitioner should file the proof of service with the court. For example, if the respondent signed the green proof of delivery card, and it was returned to the petitioner, that green card should be given to, or mailed to, the court clerk's office as proof that the respondent actually received a copy of the divorce petition.

A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
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Disclaimer: This is a quality non-lawyer self-help online divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. 3StepDivorce does not practice law and does not give out legal advice. This online divorce software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more. There may also be other pro se divorce options available by contacting your court.

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