Getting a Divorce or Legal Separation
by: New Mexico Legal Aid
Divorce - How do I get a divorce in New Mexico?
To get a divorce in New Mexico you file a law suit to end the marriage. It is called a "Dissolution of Marriage suit.
It will divorce you. It will settle property issues. It will settle who pays debts. It will arrange for custody, and set child support.
New Mexico is a community property state. That means you both own property and debts. If you are divorced, you are not liable to pay debts of your exspouse.
When you applied to end your marriage, you told the judge why you wanted to do it.. Now you have to sign a paper in front of a notary public that says you swear that you have told the truth to the judge.
An application to end a marriage is a Petition for "Dissolution of Marriage".
The booth in the courthouse has the basic papers you need for a divorce.
Once you have applied to end your marriage, you will have to make out a summons. The summons and a copy of the petition must be served on the other party.
There are four main parts to a suit for Divorce
- Termination of the marriage, which is ending the marriage;
- Division of property and debts, which is deciding who will pay debts;
- Child Custody and Time-sharing (Visitation), which means who will have the custody of the children, and how the time with the children will be set up;
- Child Support, who will pay and how much will be paid.
You have a problem with custody. You have a problem with visitation. You can go to the court clinic. There is a court clinic on the 2nd floor of the district courthouse. You can get a "Court Clinic Referral Form" there.
You and the other parent will both need to sign this and fill out the last sheet with basic information. If the other parent won't cooperate, you can set this for a hearing.
At the end of the Divorce you will probably need to make out four documents.
1. A Decree of Dissolution of Marriage (this is the paper that tells the world you are divorced.)
2. A Marital Settlement Agreement (divides the property and the debts).
3. The Parenting Plan (states who gets custody of the children and how their time is divided between the parents).
4. A Notice of Garnishment (this is served on your ex-spouse's employer, It tells him to withhold child support). You may need A Medical Support Order. It tells the employer to put your child on insurance.
Power of the Court Tip: The person asking for the divorce must have lived in New Mexico for six months immediately before filing. The person must be able to swear that he or she lives here and intends to remain here at the time of filing.
Legal Separation - How do I file for a legal separation in New Mexico? Will the separation agreement include child support?
You and your spouse are not living together anymore. You are not ready for a divorce.
You can ask the court for a legal separation.
A legal separation is almost the same as a divorce. It will not settle property issues. You stay married.
You go through just about the same process as you do for a divorce You name the petition something like, "Petition for Legal Separation".
You can use the same papers as you would for a divorce. Leave the parts that say things that are needed for a divorce.
At the beginning say, "The parties need to live separately". At the end say "Enter an Order permitting the parties to live separately".
The final papers will be a little different, too. You will need to make out an Order for Legal Separation, a Parenting Plan, and a Notice of Withholding. You may need a Medical Support Order.
Power of The Court Tip: The person asking for the legal separation must say that he or she lives in New Mexico. There is no length of time required.
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