![New Mexico Marital Settlement (Divorce) Agreement Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=3840&q=75)
The New Mexico marital settlement agreement is a legal document that married couples use when they want to begin the divorce process. It serves as a written record of the verbal agreements made during negotiations and covers matters such as child support, parenting plans, and alimony.
The parties don’t need legal assistance when drafting this document. A New Mexico marital settlement agreement template is available for download, so spouses can complete it on their own.
Additionally, spouses who agree on all terms and have a New Mexico marital settlement agreement can pursue the uncontested divorce process, which is easier and faster than a contested one.
Divorce Forms
Spouses can file for divorce in a district court in their county of residence. The filing fee is not the same in every county but should be a minimum of $130. Additionally, the waiting period for divorce to be finalized is between 30 and 90 days.
Divorce Laws and Legal Requirements in New Mexico
Divorce laws and legal requirements in New Mexico offer directions and legal protection for couples who want to end their marriage. These regulate:
Divorce Laws and Legal Requirements
Alimony: Section 40-4-7 of the New Mexico Statutes states that alimony or spousal support may be awarded to either spouse if the court finds it necessary. The factors the court will take into account are the age and health of spouses, marriage length, or their earning capacity.
Child support: Section 40-4-11.1 provides guidelines for the court to use when determining basic child support. The court decides on it based on both parents’ income and the number of children.
Division of property: New Mexico is considered a community property state, which means that marital property is divided into equal parts as stated in Sections 40-3-(6-17). It does not matter whose name is on the title or if they took a loan for a car; everything is divided 50-50 except separate property.
Grounds for divorce: According to Section 40-4-1 of the New Mexico Statutes, the acceptable reasons for divorce are incompatibility, cruelty and inhuman treatment, adultery, and abandonment.
Interim support: The court can award temporary financial support to either spouse for the duration of the divorce process, as stated in Section 40-4-7 of the New Mexico Statutes.
Residency: According to Section 40-4-5 of the New Mexico Statutes, either spouse must be a resident of the state for at least six months before they can file for divorce.
Separation: Legal separation has the same proceedings as divorce and doesn’t impose any requirements. Spouses will be legally separated but still married, as stated in Section 40-4-3 of the New Mexico Statutes.
How to File for a Divorce in New Mexico in 4 Steps
Here are the four steps you should follow to file for a divorce in New Mexico:
#1. File for Divorce
To file for divorce, either spouse must file a divorce complaint or petition for divorce with the district court in the county where they reside. Here is the list of forms needed for initiating the divorce process:
Petition for dissolution of marriage without children or with children
Domestic relations information sheet
These forms should be completed, copied, and filed with the court clerk, who will ask the petitioner to pay the filing fee. If the petitioner is unable to do so, they should ask the court clerk how to file for a fee waiver.
The judge will review the request and decide whether to accept it or deny it. If the request is denied, the petitioner must find a way to pay the fee, or the case will be dismissed. When the filing fee is paid, the court clerk will assign the judge and the case number to the petition.
In specific cases, the court may issue a temporary domestic order to protect the parties.
#2. Serve Forms to Respondent
The petitioner must serve copies of the petition and summons to the respondent and file proof of service with the court. They can send these by certified mail with a return receipt.
After the forms are delivered, the respondent will sign them, and the petitioner will receive the return receipt as proof of service.
Another way is to serve papers through the sheriff's office, where the sheriff will serve papers for a fee and provide proof of service to the petitioner or the court directly. It is worth mentioning that any person over the age of 18, not involved in the divorce, can deliver papers.
However, if the respondent cannot be located, the petitioner must ask for the court's permission to publish a notification in local newspapers.
#3. Wait for Answer
Once the divorce forms are served, the respondent has 30 days to file an answer with the court. In cases where the respondent does not agree to the terms of the petition or wants to file a counterclaim, the spouses begin a contested divorce process.
During this process, if the agreements cannot be made, the court will have to decide on divorce matters instead of spouses.
Sometimes the respondent fails to answer within a 30-day period, so the petitioner must file for default judgment. This means that the divorce process will continue without the respondent, and the judge will have to make decisions on divorce matters based on information from the divorce petition or the petitioner.
Finally, the easiest way is for the petitioner to file an answer agreeing on all terms and proceeding with the uncontested divorce. This way, the divorce process will be much easier and faster.
#4. Filing the Final Decree and Finalize Divorce
Spouses now need to complete, sign, and file the final decree for dissolution of marriage without children or with children, depending on the situation. If spouses want to change their names, they should make a request in the final decree and use it as proof to legally change the name when the divorce is finalized.
Additionally, if spouses have made a New Mexico marital settlement agreement, they should use it now, and it will become part of the decree.
Here is a list of all the documents that will be required—except for the New Mexico marital settlement agreement—if the spouses have children together:
Child support obligation and order
After filing all necessary paperwork, including the New Mexico marital settlement agreement, with the court clerk, spouses can collect the judge-signed final decree of dissolution of marriage after about a week. Once the decree is obtained, the divorce is considered finalized.