Divorce can be a complicated and lengthy process when the parties to the divorce have contested issues and cannot agree on how to resolve them. If you believe that your divorce will be complicated, you should seek the advice and counsel of an attorney.
Divorce can be a complicated and lengthy process when the parties to the divorce have contested issues and cannot agree on how to resolve them. If you believe that your divorce will be complicated, you should seek the advice and counsel of an attorney. On the other hand, if you and your spouse have a relatively simple, uncontested divorce, you may be able to prepare the forms yourself in New Mexico.
Determine that you meet the residency requirements. In order to file for a divorce in New Mexico, at least one of the parties must have lived in New Mexico for at least six months preceding the filing of the divorce.
Decide where your divorce must be filed. The divorce must be filed in the New Mexico county where either the petitioner (person filing the divorce) or the respondent (that person's spouse) lives at the time of filing.
Prepare the petition for dissolution of marriage. Forms are available from the New Mexico Courts website for either a divorce with or without minor children.
Prepare a child support worksheet if applicable. The form is also available on the New Mexico Courts website.
Make at least two copies of all forms. You will need to file the original with the clerk of courts in the county where you have determined you are filing the divorce. One set of the paperwork will be used to serve your spouse and the other set of copies you should retain for your records.
File the petition with the clerk of courts. Pay the required filing fee, which will vary by county.
Serve your spouse with the paperwork to provide notice of the divorce filing through either through the sheriff's office or a person over the age of 18 who is not a party to the divorce.
Negotiate a settlement agreement with your spouse or allow the judge to resolve any uncontested issues at the final hearing set by the court.