Several laws affect divorce in New Mexico. For information about divorce laws, please see Sections 40-1-1 through 40-4-8 NMSA 1978
Since other laws govern divorce, you should consult a lawyer to ensure this procedure is correct.
Dissolution of marriage, also called divorce, is the legal process used to end a marriage and make decisions about the division of property, debts, spousal support, child custody, time sharing, visitation, and child support.
Either person in the marriage can file for divorce as long as one of the people has “resided” in New Mexico for at least 6 months before the divorce petition is filed and has what is known as a “domicile” in New Mexico. “Residing” doesn’t always mean where you live. Read more about this at Section 40-4-4 NMSA 1978. What qualifies is defined by state statute in Section 40-4-5 NMSA 1978.
You start a divorce proceeding by filing a petition in the county’s district court where one of the people in the marriage resides. A divorce proceeding can be a complicated legal process, and you should talk to a lawyer before trying to do it yourself. If you decide to file for divorce without a lawyer, New Mexico has approved specific forms you must use. These forms come with specific instructions that should be followed very carefully. The forms are known as the Divorce and Family Forms, and they are divided into three sets of forms based on the stages you usually go through to get a divorce.
When you are served with a divorce petition, you have 30 days to file a response. A divorce proceeding can be a complicated legal process, and you should talk to a lawyer before trying to do it yourself. If you decide to file a response without a lawyer, there is a specific form you must use to respond, which is 4A-104 NMRA.
This checklist will help you take the proper steps to begin the divorce process.
Step 1: Fill out the forms. Complete and file the following forms:
Step 2: File the forms. Prepare your forms for filing: Make two (2) sets of copies of the Petition and Summons. Sort each document according to title (as listed above on step 1), placing the original on top of its copies and paper-clipping them together. For example, put the original Petition on top of its stapled copies and clip them together on paper. When you file your documents, the clerk randomly assigns your case and case number to a judge. The originals will be stamped and copies endorsed. In addition, you may be given a Temporary Domestic Order, which is directed to both parties. The clerk will issue the summons to prepare for the Service of Process (notifying the other party of this legal process).
Step 3: Serve your court papers. The other spouse must receive a copy of your court papers, which is called “serving” them. Even if you do not know where to find the other party, you still have to serve them with your court papers. You may have to ask the court for permission to publish a notice in the newspaper. Please read Rule 1-004 NMRA for more details. It is important to remember that you do not serve these court papers to the other spouse; your job is to arrange for someone else to do this for you. The person receiving the court papers has thirty (30) days to respond to the petition. If the other party does not respond to your court papers, this may lead to a default judgment.
Step 4: Go to your hearing. This information may vary based on where you live. Before proceeding, please talk to the court clerks to get more information on the required forms. Once the initial paperwork is filed and served, the judge may order you and your spouse to attend a parent education workshop. This workshop will educate you about co-parenting relationships and prioritizing the child’s well-being. The form used to request custody is Form 4A-302. You and your spouse have made this plan about custody and your timesharing schedule. This form requires a notarized signature of both you and your spouse. In some districts, you may be required to try mediation if you and your spouse cannot agree. Once a judge approves a custody plan, it is time to calculate child support. The parties must attach a completed Child Support Worksheet to the Child Support Obligation Order. When the parties do not agree, one of them must ask the court for a hearing.
Step 5: Decide on property and debt. Spouses must use Form 4A-301, the Marital Settlement Agreement, to decide what property is being divided, as well as debt. Even if you and your spouse have already divided property, even if it is in one spouse’s name, you both must still tell the court which spouse received the property and how much it is worth. You both will also need to tell the court all debts, which spouse will pay them, and how much the debt is. Suppose spouses disagree on the separation of property and debt. In that case, each spouse must submit their Marital Settlement Agreement, and the judge will review both to decide how to separate property.
Step 6: Go to your hearing. The final document needed to end a marriage is the Final Decree. Once the judge signs this document, both parties are officially separated and are considered single. Spouses are required to fill out a Request for Hearing 4A-206. Whether or not you have a hearing is decided by the judge. Spouses will get notice in the mail saying to come to court, or you will get your Final Decree in the mail.
This checklist will help you take the proper steps to begin the divorce process.
Step 1: Fill out the forms. Complete and file the following forms:
Step 2: File the forms. Take the original and two copies of each completed form to file in the district court. Check with your local district court for the filing fee. You can also ask the court clerk about waiving the filing fee or part of the fee. The court keeps the originals, stamps the copies, and returns them to you. One copy is for you, and one is for the other parent.
Step 3: Serve your court papers. The other spouse must receive a copy of your court papers, which is called “serving” them. Even if you do not know where to find the other party, you still have to serve them with your court papers. You may have to ask the court for permission to publish a notice in the newspaper. Please read Rule 1-004 NMRA for more details. It is important to remember that you do not serve these court papers to the other spouse; your job is to arrange for someone else to do this for you. The person receiving the court papers has thirty (30) days to respond to the petition. If the other party does not respond to your court papers, this may lead to a default judgment.
Step 4: Decide on property and debt. Spouses must use Form 4A-301, the Marital Settlement Agreement, to decide what property is being divided, as well as debt. Even if you and your spouse have already divided property, even if it is in one spouse’s name, you both must still tell the court which spouse received the property and how much it is worth. You both will also need to tell the court all debts, which spouse will pay them, and how much the debt is. Suppose spouses disagree on the separation of property and debt. In that case, each spouse must submit their Marital Settlement Agreement, and the judge will review both to decide how to separate property.
Step 5: Go to your hearing. The final document needed to end a marriage is the Final Decree. Once the judge signs this document, both parties are officially separated and are considered single. Spouses are required to fill out a Request for Hearing 4A-206. Whether or not you have a hearing is decided by the judge. Spouses will get notice in the mail saying to come to court, or you will get your Final Decree in the mail.
To reach New Mexico Courts Customer Service, please call: 855-268-7804.
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Last updated: 9/25/2025
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