Is there a waiting period for divorce in New Mexico?

Is there a waiting period for divorce in New Mexico?

There is a thirty (30) day waiting period after the divorce papers are filed until the judge can sign the Final Decree. However, if there are no minor children, this waiting period can be waived by the Respondent. The basic steps for filing your uncontested New Mexico divorce are as follows: 1.

How much does it cost to file for divorce in NM?

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In the state of New Mexico, the filing fee to open a divorce case is between $135-$155. However, this does not reflect the cost of drafting the Petition for the Dissolution of Marriage, Marital Settlement Agreement, Final Decree, or the settlement of property division, custody or any other issues.

Is New Mexico a no fault divorce state?

New Mexico is a “no-fault” community property state, meaning the judge only looks at assets and debts, and incomes to determine child support and possibly alimony.

Is New Mexico a alimony state?

In New Mexico, spousal support is usually referred to as alimony. Alimony is usually and issue when there is significant income disparity in the marriage, Unlike child support, alimony is not automatically calculated by the courts during a divorce case, so it is up to the spouse who wants alimony to pursue it.

Is adultery a crime in New Mexico?

In New Mexico, the fault grounds for divorce include adultery, cruel and inhuman treatment and abandonment. While some states have a legal definition of adultery, New Mexico does not. Adultery generally means one spouse has had voluntary sex with someone who is not his or her spouse.

What is considered community property in New Mexico?

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New Mexico law defines community property as all property acquired during marriage that isn’t separate property. Any profits or rents made off of community property belong to the marriage.

How much is a divorce lawyer in New Mexico?

According to, the average cost of a divorce case in New Mexico is $10,700. This includes $8,400 in attorneys’ fees.

How do I file for legal separation in New Mexico?

For a legal separation, there is no residency requirement. If children are involved, they must live in New Mexico for at least six months before the court has jurisdiction to decide custody, visitation, and child support. There is no time requirement before a person can file for a legal separation.

How do I get a divorce in New Mexico?

To obtain a divorce in New Mexico, you or your spouse must have lived in New Mexico for the last six months. To begin a divorce, you must first file a petition and other papers in the district court in the county where you live or where your spouse lives.

How long does an uncontested divorce take in New Mexico?

30 to 90 days

Can you file for divorce online in New Mexico?

For those seeking an inexpensive divorce in the state of New Mexico, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at makes it easy on you.

How do I get a copy of my divorce papers in New Mexico?

Copies of divorce decrees are available from the district court where the court order was filed. For further information about these services, please contact the appropriate county clerk or district court.