Do you want to know how to file for divorce in New Mexico?
Divorces in New Mexico may be blame or no-fault. To get a no-fault divorce, the filing spouse must cite incompatibility as the reason for filing.
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Requirements for Residency
Before filing for divorce, the divorcing couple must meet the residence criteria. Before filing for divorce, at least one of the spouses must have lived in the state for at least 6 months. If one of the spouses is stationed in New Mexico as a member of the military, he or she is also considered a resident of the state.
Complete your Forms
To start the divorce procedure, one spouse (the Petitioner) must submit a Petition for Divorce with Children. (or without children). The dissolution petition must be filed in either the Petitioner’s or the Respondent’s county district court. It is the Petitioner’s obligation to ensure that the Respondent is served with the petition and any other relevant documents once the petition and any other necessary forms have been filed.
Service varies by case: if the pair is in agreement and the divorce is uncontested from the outset, the Petitioner may physically serve the Respondent. If this action is taken, the Respondent must submit and sign the relevant Appearance and Consent form (form DNM-350). If service is made by mail, a Summons and Notice of Summons (forms DNM-400 and DNM-450) must be submitted. Finally, if service is made by sheriff or process server, the Petitioner must include a Summons (DNM-400) and a Return Form. (DNM-500).
The service initiates a 30-day waiting period (23 days if it is delivered by mail) to allow for any form of reconciliation and a general cooling down time for both parties. After filing the proper paperwork after serve, the Petitioner must submit a form requesting a hearing. The hearing is often quick, with the judge answering a few questions before signing the Petitioner’s pre-written divorce order.
A Word on Forms
If the parties have reached an agreement and do not want to continue with a long trial, they may draft a Divorce Settlement Agreement using Generis global simple interview procedure. The Divorce Settlement Agreement enables you to split your property, assets, debts, and obligations, as well as resolve child support, custody, and visitation issues.
Many of the paperwork required to finalize your divorce must be obtained from your local County Clerk’s office.
If you and your spouse disagree on the terms of the divorce, or if the paperwork and divorce procedure seem to be daunting, it is a good idea to Find a Lawyer to assist you.
