Filing for divorce in New Mexico without an attorney costs $135-$155 in court fees. You must meet the residency requirement of 6 months in New Mexico. New Mexico is a community property state with a 30 days waiting period. An uncontested divorce typically takes 1-2 months. Victoria AI guides you through every step with New Mexico-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | $135-$155 (Bernalillo County (Albuquerque): $155. Santa Fe County: $145. Fees are relatively low across New Mexico.) |
| Residency Requirement | 6 months in New Mexico |
| Waiting Period | 30 days |
| Property Division | Community Property (50/50) |
| Grounds for Divorce | Incompatibility (no-fault), Cruel and inhuman treatment, Adultery, Abandonment |
| No-Fault Only? | No (fault grounds available) |
| Uncontested Timeline | 1-2 months |
| Contested Timeline | 6 months to 2+ years |
| Fee Waiver Available? | Yes |
To file for divorce in New Mexico, you must meet the following residency requirement: 6 months in New Mexico.
At least one spouse must have been domiciled in New Mexico for at least 6 months before filing for dissolution of marriage.
Tip: Victoria AI can help you determine if you meet New Mexico's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in New Mexico without an attorney. Victoria AI guides you through each step with state-specific instructions.
At least one spouse must have been domiciled in New Mexico for at least 6 months before filing for dissolution of marriage.
Download the official New Mexico divorce forms: Petition for Dissolution of Marriage, Summons, Domestic Relations Cover Sheet. All forms are available from the New Mexico courts website.
Fill out the divorce petition (4-501 NMRA) with your information, grounds for divorce, and what you're requesting (property division, custody, support).
File your completed petition with the New Mexico court and pay the filing fee of $135-$155. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to New Mexico rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by New Mexico law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
New Mexico has a 30-day waiting period from the date of service on the respondent. For uncontested cases, this is typically the minimum timeline.
Submit your final judgment to the court. For uncontested divorces in New Mexico, this typically takes 1-2 months. The court will issue your final divorce decree.
These are the primary forms you'll need to file for divorce in New Mexico. Victoria AI guides you through completing each form correctly.
Initiates divorce
Notifies spouse
Court administration
Final judgment
The filing fee to start a divorce in New Mexico is $135-$155. Bernalillo County (Albuquerque): $155. Santa Fe County: $145. Fees are relatively low across New Mexico.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | $135-$155 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | $250-$1,000 (uncontested DIY) |
If you cannot afford the filing fee, New Mexico offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.
Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.
After filing your divorce petition in New Mexico, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.
A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.
If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.
You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. New Mexico courts are strict about service requirements.
New Mexico is a community property state.
New Mexico is a community property state. All property acquired during marriage is presumed to be community property owned 50/50 by both spouses and must be divided equally upon divorce.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how New Mexico law applies to your specific property.
New Mexico uses the Income shares model per NMSA 40-4-11.1.
New Mexico uses income shares guidelines. Combined gross incomes of both parents determine the basic child support, allocated based on income percentages. Adjustments apply for custody time and expenses.
Understanding the timeline helps you plan and set realistic expectations for your New Mexico divorce.
When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.
When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.
File Petition
Day 1 - Submit your divorce paperwork and pay the $135-$155 filing fee
Serve Your Spouse
Within 30 days - Ensure proper legal service of divorce papers
Response Period
20-30 days - Your spouse has time to file a response
Waiting Period
30 days - New Mexico has a 30-day waiting period from the date of service on the respondent. For uncontested cases, this is typically the minimum timeline.
Final Judgment
Court issues your final divorce decree
Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.
Community property state
Both fault and no-fault grounds
30-day waiting period
Relatively low filing fees
Domestic Relations Mediation available
Common questions about filing for divorce in New Mexico without an attorney.
Get 24/7 guidance specific to New Mexico's forms, procedures, and requirements.
New Mexico-specific forms
Guidance through every required form
Financial disclosure wizard
Complete your financial affidavit step-by-step
Child support calculator
Using New Mexico's exact guidelines
AI document drafting
Create properly formatted legal documents
Evidence notebook
Organize and categorize case documents
24/7 AI guidance
Ask Victoria anything, anytime
AES-256 encryption, SOC 2 ready infrastructure. Your documents are protected.
Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.
All New Mexico divorce information verified from official state court sources.
Victoria is ready to guide you through every step of the New Mexico divorce process. Start your free trial today.
7-day free trial • Cancel anytime • Charged after trial ends