New Mexico divorce online

Do you qualify for New Mexico divorce online?

Do you have information on the current location of your spouse?

Yes

No

Are you and your spouse in agreement regarding all aspects (this may include property and debt distribution, child support and custody)?

Yes

No

Check your eligibility

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Residency Requirements

Before filing a divorce in New Mexico, either spouse must have been a resident for at least 6 months and have a home in the state.

Reasons for Divorce in New Mexico

The only no-fault divorce ground that is recognized in this state is incompatibility between the spouses with no possible reconciliation.

Other reasons that are accepted by the court are fault based: cruelty and inhumane treatment, adultery, desertion, etc.

Parenting Issues

New Mexico courts will make the decision based on the best interests of the child and both parents should cooperate in preparing a parenting plan that summarizes their responsibilities. Joint legal custody is preferable, as in this case both parents will be responsible for important decisions related to the children’s future and development. If parents are unable to reach an agreement on custody the court will order mediation, and if it fails then the court will make the decision.

Child Support

New Mexico child support guidelines take into account the parent's financial capability, child-related expenses and the period of time the child spends with each parent when calculating the child support. Child support ends when the child reaches 18 years of age and may continue throughout secondary education.

Venue

The divorce proceeding can take place in the county where either spouse resides.

Filing Fees

Remember to ask your county’s court officer about filing fees, since our fee excludes court filing fees — which differ from county to county.