Going through a divorce is one of the most difficult decisions a person can face—but knowing what to expect can help reduce the stress and uncertainty. In New Mexico, the divorce process involves several legal steps, from filing initial paperwork to resolving critical issues like property division, debt, child custody, and support.
At Genus Law Group, we guide individuals through each stage of divorce with clarity, compassion, and a strong focus on protecting your rights and future. Here’s a breakdown of how to start the divorce process in New Mexico and what you need to be prepared for.
Step 1: Filing for Divorce
The first official step in a New Mexico divorce is filing a Petition for Dissolution of Marriage with the district court in the county where you or your spouse lives. This document states that you are seeking a divorce and outlines your initial requests regarding property, debts, custody (if children are involved), and support.
New Mexico is a no-fault divorce state, which means you don’t need to prove wrongdoing by your spouse. Instead, you simply need to state that the marriage is irretrievably broken and that there’s no chance of reconciliation.
Step 2: Serving the Divorce Papers
Once the petition is filed, the other party (your spouse) must be officially notified. This is done through legal service, meaning they receive a copy of the divorce papers, along with a summons. Service can be done through a sheriff, process server, or in some cases, by certified mail.
Your spouse then has 30 days to respond after being served. If they fail to respond, you may be able to proceed with a default divorce, where the court may grant the terms you requested in your petition.
Step 3: Addressing Key Issues
Whether your divorce is contested or uncontested, you’ll need to resolve several important legal and financial matters before the divorce is finalized.
Property Division: New Mexico follows community property laws, which means all assets and debts acquired during the marriage are considered jointly owned. These will be divided equally unless both parties agree to a different arrangement.
Debt Division: Just like assets, marital debts are shared equally. This includes credit cards, car loans, and mortgages. However, debts incurred before the marriage typically remain with the person who acquired them.
Child Custody and Support: If children are involved, the court will require a parenting plan that outlines custody, visitation, and decision-making responsibilities. The court encourages joint legal custody, allowing both parents to be actively involved. Child support is calculated using a state formula that considers each parent’s income and the amount of time spent with the child.
Spousal Support (Alimony): In some cases, one spouse may be entitled to receive temporary or long-term financial support, depending on factors like the length of the marriage, income disparity, and future earning potential.
Step 4: Mediation and Settlement
If you and your spouse disagree on key issues, the court may order mediation, which provides an opportunity to reach a mutually acceptable agreement outside of court. Settling through mediation can save time, money, and emotional strain.
If mediation fails, the case proceeds to a trial, where a judge will make final decisions based on the evidence and testimony presented.
Step 5: Finalizing the Divorce
Once all issues are resolved—either by agreement or court decision—the judge will issue a Final Decree of Dissolution of Marriage. This officially ends your marriage and sets the legal terms for property, custody, support, and any other matters addressed during the case.
Get Legal Help from Genus Law Group
Starting the divorce process can feel overwhelming, but you don’t have to go through it alone. At Genus Law Group, our experienced divorce attorneys help you understand your options, file the necessary paperwork, protect your rights, and work toward a resolution that sets you up for a better future.
We’re here to simplify the legal process, minimize the stress, and help you move forward with confidence.
If you’re ready to begin the divorce process in New Mexico, call Genus Law Group at 505-317-4455 to schedule a confidential consultation. Let’s take the first step together.
