Divorce Resources in New Mexico: Court Forms, Legal Aid & Filing Guide

To file for divorce in New Mexico, you must have resided in the state for at least six months immediately preceding the filing date and have a domicile in New Mexico, as required by NMSA 1978 § 40-4-5. File your Petition for Dissolution of Marriage — Form 4A-102 (without children) or Form 4A-103 (with children) — in the district court of the county where either spouse resides, per NMSA 1978 § 40-4-4. You must also submit the Domestic Relations Information Sheet (Form 4A-101) and pay the $137 filing fee by cash, cashier's check, or money order. If you cannot afford the fee, file an Application for Free Process (Form 4-222) and Order for Free Process (Form 4-223) with your petition. New Mexico recognizes four grounds for divorce: incompatibility, cruel and inhuman treatment, adultery, and abandonment under NMSA 1978 § 40-4-1.

After filing, you must serve the respondent with a Summons Packet containing the filed petition, a Temporary Domestic Order (Form 4A-201), and a blank Domestic Relations Information Sheet (Form 4A-101). Service must comply with Rule 1-004 NMRA. The respondent has 30 days from the date of service to file a Response (Form 4A-104) with the court. There is no fee to file a response. If the respondent fails to respond within 30 days, you may pursue a default judgment using the instructions in Form 4A-310. Both parties must comply with mandatory financial disclosure requirements under Rule 1-123 NMRA within 45 days of service, exchanging Forms 4A-212, 4A-214, and 4A-215 detailing income, expenses, community property, and separate property.

To finalize the divorce, both parties must sign a Marital Settlement Agreement (Form 4A-301) dividing property and debts. If minor children are involved, a Custody Plan and Order (Form 4A-302) and Child Support Obligation Worksheet (Form 4A-303) must also be completed. Under NMSA 1978 § 40-4-9.1, parents must attempt to agree on a joint parenting plan. If custody is contested, the court shall refer the issue to mediation if feasible. Submit these completed forms along with the Final Decree of Dissolution of Marriage — Form 4A-305 (without children) or Form 4A-306 (with children) — for the judge's signature. The divorce is not final until the judge signs the Final Decree. New Mexico's Guide & File tool at nmcourts.gov can help generate the required forms automatically.

New Mexico does not have a statewide statutory mandate requiring parenting classes in all divorce cases involving minor children. However, individual judicial districts may order parents to complete a court-approved parenting education course at the judge's discretion. Many districts, including the Second Judicial District (Bernalillo County), routinely require completion of a parenting class as part of the divorce process when minor children are involved. Under NMSA 1978 § 40-4-9.1, when joint custody is sought, parents must submit a parenting plan addressing custody, timesharing, and decision-making responsibilities. Check with your local district court clerk for specific parenting class requirements in your judicial district, as programs, costs, and approved providers vary by county.

New Mexico authorizes domestic relations mediation through the Domestic Relations Mediation Act, NMSA 1978 §§ 40-12-1 through 40-12-6. Under NMSA 1978 § 40-4-9.1(G), when custody is contested, the court shall refer the custody dispute to mediation if feasible. A $30 surcharge is assessed on all new or reopened domestic relations cases to fund mediation programs, as authorized by NMSA 1978 § 40-12-5. Mediation is defined as a process in which parents meet with a counselor to focus on the needs of the child and reach a mutually acceptable arrangement. Not all judicial districts have established mediation programs, so availability varies by county. The University of New Mexico School of Law also operates a family mediation clinic. If mediation fails to resolve custody disputes, the court may order a professional custody evaluation or appoint a guardian ad litem under NMSA 1978 § 40-4-8. Parents may also agree to binding arbitration under NMSA 1978 § 40-4-7.2.

New Mexico requires mandatory financial disclosure in all domestic relations cases under Rule 1-123 NMRA. Both parties must exchange financial information within 45 days of service of the petition, unless the court orders otherwise. Required disclosures include the Interim Monthly Income and Expenses Statement (Form 4A-212), Community Property and Liabilities Schedule (Form 4A-214), and Separate Property and Liabilities Schedule (Form 4A-215). Parties must also provide federal and state tax returns and W-2 statements for the year prior to filing. A Notice of Compliance with Rule 1-123 (Form 4A-208) must be filed with the court certifying that all required disclosures have been completed. New Mexico is a community property state under NMSA 1978 § 40-3-8, meaning all property acquired by either spouse during the marriage is presumed to be community property. Thorough financial disclosure is essential for the court to properly identify, value, and divide community and separate property under NMSA 1978 § 40-4-7.