Guide to Divorce in New Mexico
by: New Mexico Legal Aid
How do I get a divorce in New Mexico?
To get a divorce in New Mexico, you must file a lawsuit to end the marriage. This is called Dissolution of Marriage.
This process can divorce you. It can settle property issues. It can settle who pays what debts, who gets custody, and set Child Support.
New Mexico is a state in which husband and wife both own their home and other property. It is important to be divorced. If you are divorced, you are not liable for your (ex)spouse's debts or taxes.
Your request to end your marriage has to be verified. This means you have to sign a paper in front of a Notary Public. The paper will say you have told the truth about why you want a divorce.
You can get divorce papers at the courthouse booth. You need a Petition for a divorce.
You will also have to make out the Summons. It must be served on the other party, along with a copy of the Petition.
There are four main parts to a suit for Divorce:
- Ending of the marriage
- Splitting up of property and debts
- Child Custody and Time-sharing (Visitation)
- Child Support
Get help with custody and time sharing. Go to a court class to learn about them.
To go to the class you need a, "Court Clinic Referral From". You can get it at the Court Clinic. It is on the 2nd floor of the District Courthouse.
You and the other parent will both need to sign this. You will both need to fill out the last sheet with basic information.
If the other parent won't do it, you can set this for a hearing.
At the end of the Divorce you will normally need to make out four documents.
1. A Decree of Dissolution of Marriage (this is the Order that tells the world you are divorced.)
2. A Marital Settlement Agreement (this is the part that tells what should happen with your property and debts in the divorce). Some people also include the Child Support here.
3. The Parenting Plan is made between you and the other parent. It settles custody of the children. It settles how much time the children will spend with each parent.
4. A Notice of Garnishment is a paper that is served on your (ex) husband's employer. It tells him to withhold child support from your (ex) husband's pay.
If there is insurance, you will need a Medical Support Form. This tells your (ex) husband's employer to sign up your child on his insurance plan.
Jurisdiction Tip: The person seeking the divorce must have lived in New Mexico for six months immediately before filing and be able to swear that he or she resides here and intends to remain here at the time of filing.
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