New Mexico Divorce Filing Checklist 2025

Filing for divorce in New Mexico offers a significant advantage over most states: while you must meet a 6-month residency requirement, New Mexico has NO mandatory waiting period after filing. The state handles all divorces through its New Mexico District Court system across 13 judicial districts, with a uniform $137 filing fee statewide. New Mexico's most common divorce ground is incompatibility—a straightforward no-fault option that requires neither mutual consent nor proving wrongdoing. The state offers a free Guide & File system that works like tax software to generate correct forms, plus all official forms are bilingual (English/Spanish). As a community property state, New Mexico presumes equal 50/50 division of marital assets. Understanding NMSA § 40-4-5 (residency), the automatic Temporary Domestic Order, and Rule 1-123 mandatory disclosures will help you navigate New Mexico's divorce process efficiently. For a broader overview of essential divorce preparation steps, see our comprehensive checklist. This New Mexico divorce filing checklist covers every essential step for 2025.

6-Month Residency & Domicile Requirement

New Mexico requires at least one spouse to have lived in New Mexico for 6 months immediately before filing and to have "domicile" in the state. Under NMSA § 40-4-5, "domicile" means both physical presence in New Mexico and the intent to stay permanently or indefinitely—not just a temporary visit.

Military servicemembers have special provisions: if you've been continuously stationed at a military installation in New Mexico for 6 months, you're deemed domiciled in the state and in the county where the base is located. Conversely, New Mexico residents on active duty stationed outside the state who intend to return retain their New Mexico domicile.

For venue (which county to file in), you may file in any county where either spouse resides. All divorces are filed in New Mexico District Court. The state has 13 judicial districts covering 33 counties; many have dedicated Family Courts or Family Divisions handling domestic cases.

No Mandatory Waiting Period

New Mexico has NO statutory cooling-off waiting period after filing for divorce. This is a major advantage over states that require 30, 60, or even 90 days between filing and finalization.

While respondents have 30 days after service to file an answer, this is not a waiting period for the divorce itself—it's simply the time to respond. Once service is complete and paperwork is in order, uncontested cases with full agreement can finalize in as little as 6-10 weeks from filing, depending on court docket schedules.

Grounds for Divorce

New Mexico recognizes both no-fault and fault-based grounds, but nearly all modern divorces use the no-fault option.

No-Fault Option: Incompatibility

Under NMSA § 40-4-1, incompatibility is by far the most common ground for divorce in New Mexico. Incompatibility means the spouses have irreconcilable differences that destroyed the reason for marriage, with no reasonable expectation of reconciliation.

Key advantages of incompatibility:

• Mutual consent NOT required—either spouse can request divorce based on incompatibility
• No need to prove fault, wrongdoing, or misconduct
• If the court finds incompatibility exists, it MUST enter a divorce decree
• Fault is irrelevant for property division and spousal support (New Mexico is a true no-fault state)

Fault-Based Grounds (Rarely Used)

New Mexico still retains traditional fault grounds, but they're rarely necessary since incompatibility is so straightforward:

• Cruel and inhuman treatment
• Adultery
• Abandonment

These grounds have no bearing on property division or spousal support calculations in New Mexico's no-fault framework.

Filing Options: Uncontested vs. Contested

New Mexico offers several divorce paths depending on whether spouses agree:

Uncontested with Marital Settlement Agreement

If both spouses agree on all issues (property, debts, custody, support), you can submit a comprehensive Marital Settlement Agreement (MSA) using official Form 4A-301. The court must incorporate the MSA into the decree if it's valid, just, and equitable. This is the fastest and most cost-effective path—many uncontested cases finalize within 6-10 weeks for under $300 total.

Default Divorce

If the respondent is properly served but doesn't answer within 30 days, you can pursue default using Forms 4A-311 through 4A-315 (affidavit of failure to plead, certificate of record, application for default judgment, and default decrees).

Contested Divorce

When spouses cannot agree on major issues, the case proceeds through Rule 1-123 mandatory financial disclosures (within 45 days), possible temporary orders, mediation or court-clinic services, and potentially trial. Contested custody cases are referred to mediation "if feasible." These cases typically run 6-12 months from filing to final decree.

Required Documents and Forms

New Mexico's Supreme Court provides bilingual (English/Spanish) official forms for divorce:

Basic Filings:

• 4A-102 Petition for Dissolution (without children), OR
• 4A-103 Petition for Dissolution (with children)
• 4A-101 Domestic Relations Information Sheet
• 4A-105 Entry of Appearance Pro Se (if self-represented)

For Settlement:

• 4A-301 Marital Settlement Agreement
• 4A-305 Final Decree (without children), OR
• 4A-306 Final Decree (with children)

Access all forms free at the New Mexico Courts Divorce & Family Forms page.

Guide & File System

New Mexico offers a free Guide & File system that works like popular tax preparation software. This interactive interview asks you questions about your situation and automatically generates the correct petition or response forms.

The Guide & File system is available online anytime, from anywhere. You complete the interview, print the generated forms, and file them at your District Court clerk's office. This is especially helpful for self-represented litigants who want to ensure they're using the right forms with correct information.

For additional support beyond New Mexico's "Guide & File" system, Divorce AI offers personalized planning to ensure you cover all your bases.

Attorneys must e-file through New Mexico's File & Serve system; self-represented parties generally file on paper unless a local rule allows email/fax in limited circumstances.

Filing Fees and Costs

New Mexico has a uniform $137 filing fee for domestic cases statewide. This consistency across all 13 judicial districts simplifies planning:

• First Judicial District: $137
• Fourth Judicial District: $137
• Fifth Judicial District: $137
• Sixth Judicial District: $137
• Thirteenth Judicial District: $137

Additional costs may include:

• Service of process: $40-$100 (sheriff or process server; $0 if spouse signs acceptance)
• Divorce packets: $10-$20 in some districts (optional printed forms)
• File & Serve convenience fee (attorneys only): ~$12
• Court-clinic mediation: FREE in Second Judicial District (Bernalillo County) when ordered; varies elsewhere

If you cannot afford the filing fee, file an Application for Free Process and Affidavit of Indigency (Form 4-222) requesting a fee waiver.

Automatic Temporary Domestic Order & Disclosures

Automatic Temporary Domestic Order (TDO)

In every new divorce case where a summons is issued, the clerk automatically enters a Temporary Domestic Order (Form 4A-201). This order binds the petitioner upon filing and the respondent when personally served. The TDO includes status-quo protections:

• No harassment, abuse, or threatening behavior
• Preserve property and insurance coverage
• Maintain frequent contact and communication with children
• Don't relocate children without consent or court order

Rule 1-123 Mandatory Disclosures

Within 45 days after service in any case involving property, debt, or support, parties must exchange standardized financial disclosures:

• Form 4A-212: Interim Monthly Income and Expense Statement
• Community property and liabilities schedule
• Separate property and liabilities schedule

These are served on the other party (not filed with the court) to facilitate settlement and temporary support determinations.

Community Property Division

New Mexico is one of only nine community property states. This means:

• Property and debt acquired during marriage are presumed to be community property
• Community property is divided equally (50/50) upon divorce
• The court assesses total value and divides equally—not necessarily each individual item
• Separate property (owned before marriage, or acquired by gift/inheritance and kept separate) is confirmed to the owning spouse

Parties typically memorialize their agreed division in a Marital Settlement Agreement (Form 4A-301). The 50/50 presumption is rebuttable with evidence, but equal division is the norm.

Financial Planning for Your New Mexico Divorce

Understanding your complete costs helps you budget appropriately. Beyond the $137 filing fee, expect potential costs for service ($40-$100 if needed), court-clinic or private mediation (if contested), and attorney fees (if you choose representation). Learn strategies to minimize divorce costs and protect your finances. Use our divorce cost calculator below to estimate New Mexico-specific expenses:

Conclusion

This New Mexico divorce filing checklist provides your roadmap for 2025. New Mexico's 6-month residency requirement, absence of a mandatory waiting period, and straightforward incompatibility ground create an efficient divorce process. The $137 uniform filing fee, free Guide & File system, and bilingual official forms make New Mexico particularly accessible for self-represented litigants.

As a community property state, New Mexico presumes equal 50/50 division of marital assets, which often simplifies negotiations. Use the divorce cost calculator above to plan financially, access free forms and the Guide & File system through the New Mexico Courts website, and remember that incompatibility divorces don't require proving fault or mutual consent. For complex cases involving significant assets, contested custody, or business interests, consult a New Mexico family law attorney for personalized guidance.