Nobody enjoys ending a long-lasting relationship, especially a marriage. So, it’s no surprise that people are trying to go through this process as quickly as possible. This article contains all the necessary information on how to get divorced in New Mexico fast and without stress.

How to File For Divorce in New Mexico

Filing for divorce in New Mexico can be an easy process if you know what steps to take. Below you can find some necessary steps to file for divorce in New Mexico successfully.

Step 1: Make Sure That You Meet the full Residency Requirements

To be able to initiate the divorce process in New Mexico, at least one of the spouses should have been a legal resident of this state for 180+ days prior to filing.

To begin the process, a petitioner (the person filing for a divorce) should sign either one of two forms: “Petition for the Dissolution of Marriage Without Children” or a “Petition for Dissolution of Marriage With Children.”

Step 2: Stating Grounds For Divorce

New Mexico is one of those states that allow both no-fault and fault-based divorce. A no-fault or uncontested divorce means that neither spouse is to blame for the ending of the marriage. In this case, the couple should only state that their marriage is irretrievably broken, and nothing can be done about that.

When the couple chooses a fault-based divorce, they should pick one of the legal grounds. In New Mexico, the divorce can be granted due to:

  • Cruel or inhuman treatment from one of the spouses;
  • Adultery;
  • Abandonment.

While spouses are free to choose any of the aforementioned grounds, they must provide proof for them. Otherwise, the court might decide not to grant them a divorce.

Step 3: Paperwork Preparation

It is an inevitable part of any divorce process. However, it can be made simple and stress-free. The easiest way to deal with divorce forms is by having an uncontested divorce. To be able to apply for this kind of divorce, spouses should agree on the following factors:

  • Their marriage should end because they’re incompatible with each other;
  • Property division and child custody issues;
  • Whether one of the spouses will be providing spousal support to the other.

Once these issues have been settled, a couple can begin to work on their marital settlement agreement. This is a special document that is aimed to help spouses navigate themselves through the divorce process. It will include all the aforementioned issues and the decisions spouses made about them.

Such a divorce type allows couples to have an online divorce without an attorney. Don’t be mistaken, though. It doesn’t mean that you will be able to get your divorce over the internet. Online or DIY divorce implies that you will be able to prepare your divorce papers online, using one of the many available internet services.

Online divorce services can significantly reduce the overall cost of divorce while still allowing you to meet the legal requirements of the state. Generally, the process works like this:

  • You will be given a questionnaire that will include questions about your divorce case;
  • After filling out the questionnaire, the system will generate appropriate forms and automatically fill them out;
  • After a short waiting period, you will receive your divorce papers, all ready to be filed with the court.

There are plenty of online divorce companies out there that make the internet divorce service really affordable and allow people to save money from hiring a lawyer. In this case, all you’ll need to pay is some amount of money to complete the divorce online and your filing fees at the court.

Step 4: Serving the Documents With the Other Spouse

After filing for divorce, the petitioner should serve the divorce paperwork with the respondent. To be able to do that, you should initially bring several copies of your documents before you apply for divorce. Unfortunately, you won’t be able to do it yourself. In New Mexico, the divorce paperwork can be served several ways:

  • Letting any person who is older than 18 and is not involved in the divorce process deliver the documents to the respondent;
  • Hiring a county sheriff to serve the papers;
  • Sending documents to the respondent via certified mail.

After the documents have been served, it is essential that the petitioner provides the court with the proof. It can be either a signed form or a delivery card to prove the respondent received the documents.

How Long Does It Take to Get Divorced in New Mexico?

A lot of people are worried that their divorce process might be endless. According to New Mexico law, it usually takes from 30 to 90 days for a judge to make a decision that involves a court proceeding. Of course, if you and your spouse manage to reach an agreement about your situation and decide to have a web divorce, you will be able to speed up the process.

Final Thoughts

As you can see, getting a divorce in New Mexico isn’t that hard and can be done pretty fast if you’re prepared and know what to do. One of the ways to speed up the process is to send the application for divorce online. It is an inexpensive and convenient way to provide your documents to the court. Also, if you and your spouse agree on a certain number of divorce-related issues, such as alimony or child custody, you will be able to apply for an uncontested divorce.