New Mexico Divorce Law

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New Mexico Divorce Guidelines

New Mexico's Residency Requirements

Either spouse must be a resident of New Mexico for 6 months to file for divorce.

New Mexico's Grounds for Divorce

New Mexico residents may file for divorce under fault or no-fault grounds.

New Mexico's no-fault grounds is:

  • incompatibility that results in destruction of the marriage without reconciliation

New Mexico's fault grounds include:

  • adultery
  • cruel and inhuman treatment
 

New Mexico's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement, and produce a written parenting plan. If the parents cannot reach a decision, a New Mexico court will make a ruling.

New Mexico courts consider factors such as:

  • the recommendation of professionals
  • wishes of the child
  • child's adjustment to the community, school, and home
 

New Mexico's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

New Mexico courts consider factors such as:

  • any extraordinary medical, education, or counseling needs of the child
  • each parent's financial resources
 

New Mexico's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

New Mexico courts consider factors such as:

  • duration of the marriage
  • each spouse's current and future earning capacity
  • any property division arrangements
  • the standard of living experienced during the marriage
 

New Mexico's Property Division Guidelines

New Mexico has adopted community property division guidelines, meaning all property acquired during the marriage will be divided into two equal parts. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

 

New Mexico's Venue Guidelines

A petitioner may file the divorce forms in their New Mexico county of residence, or in the respondent's county of residence.

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  • My Divorce Steps

  • 1. Create an account:

    Simply register online, pay the small fee, gather your papers and ready to get a divorce.

  • 2. Answer the Questions:

    Answer each of the questions we will ask you and the forms will be completed for you.

  • 3. File the Documents:

    Print our state approved completed forms, and file the divorce forms in the court.

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We offer more than a divorce preparation service:

Instant Document Completion: All forms completed in real time and available for instant filing and delivery to the court house in your area.

Dedicated Case Manager:  Upon registration, you will have direct access via email and phone to your dedicated account manager who will help you through each and every step of the online process.

Free Name Change for Wives:  Our service offers the ability to change your name at no extra cost.

Free Last Will & Testament: As part of an effort to help you start over, you will receive everything you need to create a new Last Will & Testament.

Free Living Trust: Now that you are starting your life over, we think it is important to create a family trust to protect your assets.  We offer all you need to create a trust for your family.

FREE Help on "Life After Divorce:"  We have a library of guides and ebooks on starting your life over.  Everything from help to avoid unhealthy relationship to how to talk to you kids about divorce.

Unlimited Customer Support: Rest assured that there is always someone to talk to Monday-Friday between 7am and 4pm PST by calling 1-800-858-9891.

  • Why Choose iDivorceForms.com for your online divorce?

  • All State Approved Forms
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