See if you Qualify in New-mexico
Online Divorce provides qualitative and approved by the court New Mexico divorce papers. The information below will help you understand more about the divorce in New Mexico. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in New Mexico. We guarantee that in a short time you will receive the correct New Mexico divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in New Mexico:
1) To be able to obtain a divorce in the state of New Mexico one of the main conditions is that your marriage is legal. This means that the marriage has a legal force in the eyes of the law, since it was concluded with the fulfillment of all the rules of the state.
2) You or your spouse must meet the state's requirements for residency. If you are a plaintiff (the person who files for divorce), then you must also have the grounds acceptable by the state on the basis of which you wish to terminate the marriage.
3) You and your spouse must decide on the type of your divorce. If you do not have children and common property, then the court will grant a divorce sooner. If there are common minor children or property in the marriage, then you should resolve all questions regarding custody and the division of property. If you have any other controversial issues, then they should also be resolved and documented. Thus your case will be considered as uncontested divorce in New Mexico, through which the process of ending the marriage goes much faster. If you can not come to an agreement in any way, then your divorce will be qualified as contested. And the court will decide on your disputes in the proceedings.
4) You have to fill out New Mexico divorce papers that can largely vary from the circumstances of your divorce. The process of preparing divorce form documents is one of the longest steps, because you first need to select the forms that fit your case, and then fill them out as required by state law. If you provide the wrong forms to the court, they will be rejected, which will lead to the fact that you will need to fill New Mexico divorce papers again. Many couples prefer to use the Online Divorce service because this is a faster and cheaper way to get divorce paper than a lawyer. To start an Online Divorce in New Mexico, you just need to answer questions about your marriage on our website, on which basis we will select all the necessary divorce form documents that suit your type of divorce and fill them out according to state law. onlinedivorce.com assures that the forms filled with our help will be approved by the court.
5) When the New Mexico divorce papers are ready, you must register them in the court chancery in the county where you want to get a divorce. After this provide copies of the papers to your spouse and wait a state-established period so that the court can grant a divorce.
If you want to apply for a divorce in New Mexico, then you or your spouse must be in compliance with the accommodation requirements, which include:
1) one of the spouses is a resident of the state and has a domicile within 6 months before the filing of the claim in court;
2) one of the spouses has an honest intention to continue to stay in the state on an ongoing basis.
Military divorce in New Mexico
1) Persons who are residents of other states, but those in the service whose base is stationed in New Mexico for at least 6 months can also apply for divorce in New Mexico in the county where their military base or unit is located.
2) Persons who have lived in the state for at least 6 months before joining him or her in the military, and who are currently serving outside New Mexico and have an honest intention to return to residing in New Mexico after the service, still have the right to sue in New Mexico in the district of which they were residents.
Valid Grounds to get divorce in New Mexico
The State of New Mexico recognizes the following reasons for divorce:
1) Irreconcilable differences, which means that you and your spouse are incompatible and can not live together, and there is also no possibility of reconciliation.
2) Violence by the spouse or cruel behavior;
4) Abandonment for a long period of time.
Note that only the first of the above grounds is no-fault, all the rest belong to fault reasons. Please note that if you indicate the fault grounds in the New Mexico divorce papers, then you will need to prove in court that your spouse is really to blame for the violation of marital relations.
Annulment in New Mexico
Another way to terminate a marriage is an annulment. The annulment is different from divorce by the fact that those marriages that never existed are included in the annulment, they were concluded with violations of the rules of New Mexico and state law does not recognize them as legal.
Reasons for recognizing a marriage as invalid:
1) The marriage was forced;
2) One of the spouses was mentally ill during the marriage ceremony and did not have the opportunity to give his or hers consent to the marriage;
3) One of the spouses was already married at the time of the wedding ceremony, while the previous marriage was not terminated;
4) One of the spouses has not reached the age that is established by law for marriage;
Custody of the Child
With the divorce in New Mexico, passing a decision on custody of minor children is one of the most important issues facing the court. If a child has not yet reached the age of 14, the court is ruled by him or her best interests, and also takes into account the following factors:
1) the wishes of both parents regarding custody;
2) the relationship of the child with parents, brothers and sisters;
3) mental and physical health of the child and parents;
4) the child's fitness for home and school confinement;
If a minor child has already reached the age of 14, then the court takes into consideration the child's desire for his oe her custodian.
Initially it is assumed that joint custody is the best option for the child and parents, however, during court hearings the judge can change the initial decision based on the analysis of the following circumstances:
1) the opportunities and desire of each parent to assume the responsibility for raising a child;
2) the ability of each parent to respect the rights and obligations of the second parent;
3) geographical location of the parents' residences;
4) the ability of each parent to resolve conflict situations when making decisions regarding the upbringing of the child;
5) other factors that the court considers to be significant for the award of guardianship.
Similarly, when the court obliges parents to follow the parenting plan after the divorce. You can compile it yourself and file along with your New Mexico divorce papers, but if you are not able to do it yourself, the court will develop its own plan, which both parents will be required to follow.
Rules for Child Support
After the parents got a divorce in the state of New Mexico and no longer live a married life, the court still obliges them to financially support their underage children. Usually financial support for children continues until he or she graduates from school, or until the child is 19 years old, whichever comes first. Similarly, if a minor child begins to earn money independently and can support himself, financial assistance to him or her is not paid.
Like many states in New Mexico the Income Shares Model applies to determine the amount of financial support. This model includes the parameters of the monthly gross income of parents and the number of underage children in the family.
Rules for Spousal support
In your New Mexico divorce papers, you can indicate that you are applying for financial assistance from your spouse, after that the court will analyze a number of factors that took place in your family, on the basis of which it can decide on the amount and duration of payments.
Financial support (alimony) can be of different types:
1) Rehabilitative Spousal Support - the finances necessary to provide the requested spouse with the necessary education or skills, so that he or she can support herself or directed to other rehabilitation services that will help the spouse return to his or her former life after divorce
2) Transitional Spousal Support - the money needed by the requesting spouse for a short period of time, with the condition that the payout period is clearly marked.
3) Spousal Support for an Indefinite Duration.
4) Single Sum Payment - a one-time payment or an amount that is divided into several payments.
Payment of maintenance is terminated after the death of the spouse, unless otherwise specified in the agreement.
The court takes into account the following factors when deciding on financial support:
1) the age, physical and mental characteristics of each spouse;
2) sources of income and expenses of each spouse;
3) standard of living habitual to spouses during marriage;
4) the amount of health insurance for each spouse;
5) the needs of each spouse;
6) duration of marriage;
7) the property of each spouse;
8) the marriage agreement of the spouses, if any;
Divorce without a lawyer in New Mexico
If you apply for a divorce in New Mexico, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of New Mexico can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce. To simplify the process, you can initiate an online divorce in New Mexico. Our service will help you quickly prepare all the necessary divorce form documents, which will greatly accelerate the process of your divorce.
If the spouses have common property, then during the divorce in New Mexico they are obliged to divide it.
The common property is all the property that was acquired by the spouses during the marriage. State courts are guided by the principle that common property should be divided equally. However, if the spouse is the owner of a separate property, then it is not subject to separation
To the separate property can be attributed:
1) Property that was recognized as separate by a court decision;
2) Property acquired by the spouse prior to marriage or after divorce;
3) Property that was acquired through donation or inheritance;
4) Property that was recognized as such under the written agreement of the spouses.
State law does not oblige spouses to resort to the help of mediators in the process of divorce, however, either party can do it voluntarily if he or she sees that a third party is able to resolve disputes between spouses.
Divorce Forms in New Mexico
There are a number of standard New Mexico divorce papers that should be submitted to the courts of the State of New Mexico, including: "Petition for the Dissolution of Marriage Without Children" and the "Petition for Dissolution of Marriage With Children". However, depending on the circumstances of your divorce and from the county, where you file a claim you will need to fill out additional divorce form documents.
The New Mexico judiciary provides information on divorce rules and papers that you can find freely available on the state website. You can also find there a long list of New Mexico divorce papers that should be registered in court. However, if this introduces you into embarrassment, do not worry. You can use the help of our service for preparing divorce form documents, we provide a fast and convenient Online Divorce in New Mexico. Our services will prepare all the paper you need, which correspond to the type of your divorce and your county, you just need to answer some questions about your marriage. Online Divorce gives a 100% guarantee that the papers drawn up with our help will be accepted by the court. You do not need to spend a lot of time figuring out the state law, as well as money for lawyers. Online Divorce will provide you with all the necessary New Mexico divorce papers as soon as possible after which you will only have to sue them.
Uncontested Divorce in New Mexico
Divorce is a complex thing, both procedurally and emotionally. If you are applying for divorce in New Mexico,and there are differences between you and your spouse that you can not solve on your own, then your divorce will be called as contested. Usually it takes a lot of time and additional financial investments, such as the services of lawyers. If you and your spouse both agree to a divorce and there is no dispute between you, then it will be called an uncontested divorce. Usually uncontested divorce is a quick enough and easy way to terminate a marriage. In New Mexico, a divorce is also called a "dissolution. To get an uncontested divorce in New Mexico, you must meet the following requirements:
1) you both want to dissolve the marriage on the grounds that you no longer get along with each other and there is no chance of reconciliation;
2) you have already agreed on how to divide common property and debts, as well as resolve questions regarding the guardianship of joint underage children;
3) you have agreed on the amount of financial support for minor children who are present in the marriage, as well as on the amount and period of payment of alimony;
4) you or your spouse are required to reside in the state for at least 6 months before filing a lawsuit;
You need to fill out the New Mexico divorce papers, but which exactly will depend on your circumstances (for example, if there are underage children or not), but the main ones are: "Domestic Relations Cover and Information Sheet", "Petition for Dissolution of Marriage:", "Summons ". After that, you will submit the papers to the court and will have to wait for some time so that the judge can get acquainted with your divorce form documents and grant a divorce.
How to Serve Divorce Papers in New Mexico
Legislation of New Mexico requires you to serve copies of New Mexico divorce papers to your spouse, which you registered in court. This is necessary so that your spouse can read them before the divorce process begins. This can be done in the following ways:
1) Ask someone who does not participate in your divorce to transfer the papers personally to your spouse or his / her lawyer, provided that the person who delivers the papers reaches the age of 18.
2) Use the services of a sheriff, you can hire a county sheriff to provide your spouse with documents. Then the sheriff will give you a receipt, which you also have to register in court.
3) Special mail is a quick and reliable way of serving your spouse, but it's also more expensive.
After you inform your spouse about the beginning of the divorce, the court will set you a waiting period after which hearings about your divorce will begin.
Filing Fees for divorce in New Mexico
Total fees will contain sum of New Mexico court filing fees and cost of using the service of OnlineDivorce.com. This cost may vary by county. Please check with your local court officer to determine the exact amount.