Find out if you and your circumstances are eligible for our easy divorce process.
2
Complete the questionnaire
Our questionnaire guides you through filling out divorce paperwork.
3
Review your forms
Review your personalized legal documents before final submission.
4
File for divorce
Take the final step towards your new beginning with detailed filing instructions.
Over 500,000 people have used OnlineDivorce
For over 24 years, we’ve empowered individuals to get quick and stress-free divorces while saving money in the process.
I started my divorce on my own, spending loads of money on lawyer visits in the beginning.
So I decided to google for other ways and using this site was so much more simple!
Wesley H.Missouri
I had a very successful business at the time. So, making sure I had the right forms was
very very important during my divorce. I was so surprised at how easy and smooth this process was.
James V.Texas
After years of a tumultuous marriage, I finally decided that I needed to reclaim my life.
I was looking for how to go about it and came across this site and they simplified and made
the process of divorce easy for me. I never thought it would’ve been possible.
Chloe J.Florida
Stress-free and easy! I was initially gonna hire a lawyer but I found online divorce the
next best option. No muss, no fuss divorce. No big legal words that I’d have to have read
10 times to understand!
Will S.Colorado
California is expensive and divorce can be even more expensive in the end but I can say
that this site payed everything out for me to follow, from child support to alimony.
My ex agreed to go this way as well so it was a much less expensive option for us.
Marco P.California
Because of the whole dissolution of the marriage, I was struggling with two children and
just in limbo with my husband at the time because of child support and alimony. I was a
stay-at-home mom for 10 years. I just want to say that this site helped me sort it out.
Thank you.
Tamara B.Nevada
I live in upstate NY and unfortunately one day I found myself in a situation for divorce.
I was all out of whack, needed answers to take action. Enough was enough so I did it on this
site. Everything was clear to understand, all forms and what to put in which box.
Theresa S.New York
Onlinedivorce.com is the bomb! I mean, using it was so easy to follow. So, if you find
yourself in this situation do your divorce here if possible. Documents for all stages,
alimony, child support and all!
Livy B.Illinois
It's less expensive
Contested divorces can cost on average $11,000 in lawyer fees. OnlineDivorce is fast, affordable, and simple.
$199Limited Time Offer
An easy and quick method to prepare for uncontested divorce online and get high-quality divorce papers
A complete packet of divorce documents at a low cost
Fast preparation of all court forms within 2 business days
Thorough instructions explaining how to start a divorce
Convenient to use from any device at any time
Responsive customer email, chat, and phone support
Divorce with a Lawyer
>$11,000On average
Divorce with a lawyer can be adversarial, lengthy, inconvenient and
costly
Litigated divorces are extremely expensive - $11,000 on average
They take longer to get finalized - up to a few years
Little or no control over the divorce outcome
Litigation ignites more conflicts between the parties
Prolonged court trials negatively affect children
Support for all types of divorces
Every divorce is different, but with Onlinedivorce you
can personalize your assistance for every aspect of your online divorce.
Divorce with Kids
Attorney Network
All 50 States & Canada
Filing Service
Online Divorce in New Mexico
For those seeking an inexpensive divorce in the state of New Mexico, online divorce is an easy, affordable, and fast solution to prepare legal forms. Online divorce may be appropriate for couples who have an uncontested case.
The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy for you. We help organize all of the necessary divorce forms and provide detailed written instructions on filing your divorce in New Mexico.
Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and without stress.
Even though New Mexico has unique divorce forms and filing requirements, our online system provides the exact forms necessary along with instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.
If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out, and why should you spend money on lawyers? Online divorce is often cheaper, quicker, and easier.
Online divorce can be a perfect option if you want to save money or hope to have your divorce finalized quickly to get on with your life. Preparing documents for divorce online in New Mexico is fast becoming very popular because you can complete the documents in the comfort of your home.
So even if you think your case is too complex because you have children, own your own home, or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.
The process at OnlineDivorce.com is 100% secure. We protect your information, and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in New Mexico with the Onlinedivorce.com system can be a simple solution to a difficult situation.
Filing:
When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse.
Then, after getting the other spouse’s signature, the divorce forms may be filed at the local court. In New Mexico, you will typically file with the courthouse in the county where you currently reside. If a petitioner is not currently a resident but a defendant is, divorce is typically filed in the county where the defendant resides.
The actual filing process is explained in our detailed court-filing instructions that we provide, along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.
After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.
Residency:
Every state has specific requirements where divorcing couples must establish residency before filing for divorce. New Mexico is no exception. Establishing residency is important to make sure that the spouses are filing in the correct state (and county) and the district court has jurisdiction to decree a dissolution of marriage.
In New Mexico, at least one of the spouses must have been a domiciled resident of the state for a minimum of six months before filing for divorce.
"Domicile" means that the person is physically present in this state, has a place of residence, and is intended to reside in this state permanently or indefinitely.
Relevant bank accounts, car registration, or voter’s registration card can be used as evidence sufficient to prove that residency has been established. [New Mexico Statutes; Chapter 40, Section 40-4-5]
Valid grounds to get divorce in New Mexico
Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of New Mexico. Grounds are merely the reason for divorce, and the state must approve them.
The only no-fault ground for divorce in New Mexico is "Incompatibility due to discord or conflict of personalities which ends the marriage and prevents any reasonable expectation of future reconciliation."
General (or fault-based) reasons for divorce in New Mexico include:
The fault-based grounds for divorce must be proven before the court, often making them a more challenging prospect than filing a no-fault divorce, so spouses should consider very carefully which of the options will work best for them.
Divorce in New Mexico
Custody of the child in New Mexico
In New Mexico, child custody is determined according to the best interests of the child. There is a presumption that joint custody is in the best interests of the child unless shown otherwise.
The factors for consideration in all custody situations are:
The wishes of the child if sufficiently mature to give his or her opinion;
The desires of the parents;
The ongoing relationship of the child with his or her parents, siblings, and any other family members;
The child’s adjustment to his or her school, home life, activities, and community;
The physical, mental and emotional health of all family members;
If the child is at least 14 years old, the court may consider the child’s wishes.
Additional factors that will be considered in determining joint custody include:
The ability of the parents to make joint decisions in a cooperative manner;
The geographical proximity of the parents to each other as relating to the practical considerations of where the child resides;
Whether joint legal or physical custody will promote frequent or continuing contact between the child and his or her parents;
The love, affection, and emotional ties that may already exist between the parents and the child and other members of the family;
The capacity and disposition of the parents to provide the child with all material needs such as food, clothing, and medical care.
Whether each parent is willing to accept the responsibilities of parenting, which includes not only caring for the child or children but also the willingness to accept or relinquish this care at agreed-upon times;
Whether each parent will allow the other to provide care and guidance without intruding upon this agreed upon time;
The suitability of a parenting plan for implementing joint custody; and
Whether there is any indication that spousal or child abuse has occurred in the past or may occur again in the future. [New Mexico Statutes; Chapter 40, Sections 40-4-9 and 40-4-9.1]
Divorce in New Mexico
Rules for child support in New Mexico
Either parent can be ordered to provide child support for any children of the marriage. This will be based on a consideration of the financial resources of both the parents and the needs of the child.
Any welfare benefits received from the state or federal government are not considered as part of this calculation. Specific child support guidelines and worksheets are provided to help couples calculate expected child support.
In addition, separate worksheets are provided for determining child support amounts for parents who have visitation agreements and parents who have shared responsibility (joint custody).
Shared responsibility or joint custody is defined as each parent having the child in their home at least 35% of the time during a given calendar year. Child Support Guidelines are contained in the New Mexico Statutes Annotated; Article 4, Section 40-4-11.1.
These guidelines will be presumed to be correct unless showing this support would somehow be unjust or inappropriate under the particular instances surrounding a case. Thus, child support may also include the payment of the following expenses not covered by the basic child support obligation:
Extraordinary uninsured medical, dental, or counseling expenses (uninsured expenses over $100 per child per year);
Any out of the ordinary educational expenses for a child;
Any transportation and communication expenses that are accrued for long-distance visitation or time-sharing.
If a substantial hardship occurs for either parent or the child, this may also justify adjusting the amount of the child support payment. In some cases, the assignment and withholding of wages to secure child support payments can be ordered. [New Mexico Statutes; Chapter 40, Sections 40-4-7, 40-4-11, and 40-4-11.1]
Divorce in New Mexico
Property division in New Mexico
When a couple divorces in New Mexico, they must distribute property in a fair, legally mandated, and agreeable manner. This can be a challenging proposition. However, when the couple can agree upon how to distribute property independently without involving the court, this leads to an uncontested divorce and speeds up matters making for a much smoother divorce.
New Mexico is said to be a “community property” state. As such, each spouse retains his or her property acquired prior to the marriage. It is designated as separate property by a written agreement. It also includes any gifts or inheritances that may have been given to one spouse in particular.
New Mexico also uses a “quasi-community” property definition: All property, with the exception of separate property that a spouse acquires outside the state of New Mexico, which would have been considered community property if they had acquired it in New Mexico, is called Quasi-community property.
“Quasi-community” property is treated the same as standard community property. The spouse’s community property will be divided equally between the spouses without regard to marital fault is not considered. There are no additional factors for consideration set out in the statute. [New Mexico Statutes; Chapter 40, Sections 40-3-8 and 40-4-7]
Divorce in New Mexico
Rules for spousal support in New Mexico
In New Mexico, either spouse can be awarded marital maintenance. This is given without regard to fault. The factors that the court will consider are:
The length of the marriage;
Both spouses’ current and future earnings and the earning capacity;
The good-faith efforts of the two spouses to find and maintain employment or become self-supporting in another manner;
The needs and obligations that each spouse may have
The age, overall health, and means of the two spouses;
The amount of and type of property that each spouse owns;
The spouses’ standard of living which was established during the marriage;
Whether medical and life insurance was obtained and maintained during the course of the marriage;
The assets and property of the two spouses, which will include any income-producing property [in most cases there will not be a requirement for either of the spouses to sell any property to pay maintenance, barring exceptional circumstances];
Each spouse’s debts and liabilities; and
Any separation or settlement agreements. [New Mexico Statutes; Chapter 40, Section 40-4-7]
Divorce in New Mexico
Mediation support in New Mexico
There are provisions given in the state of New Mexico for the establishment of various domestic relations mediation programs. If these programs are established in the county where the divorce is filed, parents can request the use of such programs, or the court can order the parents to enter the program. [New Mexico Statutes; Chapter 40, Section 40-12-5]
For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. It can be the simplest way to assure a fast, easy, and affordable online divorce.
Divorce in New Mexico
Divorce Forms in New Mexico
New Mexico forms produced by OnlineDivorce.com are court-approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties that may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can streamline the process of preparing divorce documents and help both parties move forward with their lives.
Divorce in New Mexico
Filing fees for divorce in New Mexico
When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.
How long will it take?
Using the OnlineDivorce.com service usually takes between 30 minutes and two hours or more, depending on the complexity of your case. Start by filling out the questionnaire. You can do it in one sitting or save your progress and complete it at a later date. Whatever is most convenient for you.
Once you’ve received the completed documents, you will need to file them and get your spouse’s signature. More information regarding the finalization of the divorce case is provided once the paperwork has been completed and submitted to the court.
Divorce in New Mexico
Here is how OnlineDivorce.com makes completing divorce papers easier:
We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
Frequently Asked Questions
In New Mexico, as in every US state, the spouses have the right to represent themselves in a divorce case. A divorce arranged without a lawyer's assistance is known as a do-it-yourself divorce and is the most affordable way to terminate the marriage, making it a very popular option. However, it is worth noting that divorce without a lawyer is not suitable for all couples.
If the divorce case is contested, it is not recommended that you proceed without any assistance. The desire to save money is reasonable, but the parties should think about the desired outcome of the procedure. Contested divorces are very complicated, so a lawyer's help is usually needed.
In contrast, if proceeding with an amicable, uncontested divorce, the spouses may try to arrange the process without legal assistance. In this case, they can either prepare all the papers and the settlement agreement entirely on their own or resort to some kind of alternative assistance for various stages of the process. Options such as counseling, mediation, or online divorce enable the spouses to arrange a DIY divorce in New Mexico without undue stress and costs.
Although each divorce case is unique, and some may require some additional terms and effort, there are several main steps each couple needs to take to get a divorce in New Mexico.
Foremost, the spouses must meet the New Mexico residency requirements and determine which court to use. Then, the plaintiff (the spouse who initiates a divorce) needs to file the Petition for Dissolution of Marriage with the Supreme Court of the proper county and pay a court filing fee. This officially initiates the divorce case.
Once the court clerk signs the Summons, the plaintiff must serve the other spouse with copies of the Petition and the Summons, following the rules of civil procedure. After the second spouse responds to the petition, the spouses can submit their Settlement Agreement to the judge and wait for the date of the final hearing. Since New Mexico does not require any waiting period, a divorce decree can be granted as soon as the court considers the case.
The cost of divorce in New Mexico is hard to predict since the circumstances of each divorce case are unique.
Since attorneys' fees usually make up the bulk of the expenses for a divorce, the total cost mainly depends on whether the spouses contest the case and whether they hire lawyers.
The cost of any divorce starts with paying a mandatory court filing fee, which is about $130 in New Mexico, so this is the lowest possible cost of a divorce. Still, even if the spouses arrange a divorce without a lawyer, they usually spend some money on parenting classes, mediation, private process service, online divorce, or other services that help to go through the divorce process with less effort.
To file for divorce in New Mexico, at least one of the spouses must meet the residency requirements of the state.
Either spouse must have lived in New Mexico for at least six months preceding the filing for divorce and have a domicile in the state. 'Domicile' means that the person considers the state as their permanent home and is not going to move to another state in the foreseeable future. Along with it, the spouses' minor children must meet the same requirements.
New Mexico Family Law does not provide any 'cooling-off' waiting period after a divorce petition is filed, so the length of the divorce process is mostly determined by how quickly the defendant files the response to the petition.
After being served with divorce papers, the defendant has thirty days to answer. If the defendant fails to answer within this period, the plaintiff can ask for a default divorce.
The cheapest way to terminate the marriage in New Mexico is to arrange an amicable, do-it-yourself divorce without a lawyer and pay only the mandatory court filing fee. An entirely free divorce is only available to a plaintiff who qualifies to have the filing fee waived due to indigency.
To ask for a fee waiver the plaintiff has to file the Application for Free Process and an Order for Free Process.
The required legal forms for each divorce case may vary depending on the circumstances. Yet, the basic set of forms which are necessary for every uncontested divorce in New Mexico include Petition for Dissolution of Marriage (with children / without children), Summons, Notice of Summons and Receipt of Summons, Appearance, Waiver and Consent, Marital Settlement Agreement, and the Decree of Dissolution.
Child support case
Sample Documents by State
Please note that your final forms, documents and
filings may be different depending on your state.
Coming soon! If you want to have a look at sample forms for your state and
you cannot find them here, please just give us a call or send us an email.
You are Qualified
You qualify to use OnlineDivorce.com to start your divorce online.
Please note that although you are currently not in agreement with your spouse regarding your divorce,
you will need to agree before you get your divorce paperwork. Our guided process is designed
to walk you through all the important issues in a divorce so you can come to terms.
To begin the process to complete your official divorce forms online, please press the “Continue”
button below.
