Family Law Resources

Filing for Divorce in New Mexico

Residency Requirements

At least one spouse must have been a New Mexico resident for at least 6 months before filing.

Waiting Period

30 days after service before divorce can be finalized.

Grounds

New Mexico is a no-fault state: incompatibility.

Community Property

New Mexico is a community property state - assets divided 50/50.

Family Courts in New Mexico

Family law cases are heard in District Court.

Court Structure

• 33 counties


• 13 judicial districts

Major Courts

• Bernalillo County (Albuquerque): 2nd Judicial District


• Santa Fe County: 1st Judicial District

Family Court Division

Larger districts have dedicated Family Court divisions.

Filing Fees in New Mexico

Fee Schedule

• Divorce filing fee: $137


• Service fees: Additional $25-$50

Fee Waiver

Application for Free Process available for those who cannot afford fees.

Typical Costs

• Uncontested: $500-$2,000


• Contested: $5,000-$15,000+

Free Legal Resources in New Mexico

New Mexico Legal Aid

• Website: newmexicolegalaid.org


• Phone: 1-833-545-4357

Online Resources

• NM Free Legal Answers: nm.freelegalanswers.org


• NM Courts Self-Help: nmcourts.gov

DNA-People's Legal Services

Serves Native American communities in NM.

Critical Deadlines in New Mexico

Waiting Period

30 days after service before divorce can be finalized.

Response Deadline

30 days to respond after being served.

Residency

6 months residency required before filing.

New Mexico's Unique Family Law Features

Community Property

New Mexico is one of 9 community property states - assets acquired during marriage are 50/50.

Timesharing Terminology

New Mexico uses "timesharing" to describe parenting schedules.

Joint Custody Presumption

Courts presume joint custody is in the child's best interest.

Tribal Courts

Native American families may have cases in tribal courts.