Divorce

Q: How do I change my name back to my original name?

To change one’s name after a divorce, you must file a petition for name change. More information on name change can be found here: Name Change - Self-Representation

Q: After a divorce, can I change my child's last name and birth certificate?

To change one’s name after a divorce, you must file a petition for name change. More information on name change can be found here: Name Change - Self-Representation.

Overview

Several laws affect divorce in New Mexico. For information about divorce laws, please see Sections 40-1-1 through 40-4-8 NMSA 1978

Since other laws govern divorce, you should consult a lawyer to ensure this procedure is correct.

Additional Information

What is Dissolution of Marriage?

Dissolution of marriage, also called divorce, is the legal process used to end a marriage and make decisions about the division of property, debts, spousal support, child custody, time sharing, visitation, and child support.

Who Can File For Divorce?

Either person in the marriage can file for divorce as long as one of the people has “resided” in New Mexico for at least 6 months before the divorce petition is filed and has what is known as a “domicile” in New Mexico. “Residing” doesn’t always mean where you live. Read more about this at Section 40-4-4 NMSA 1978. What qualifies is defined by state statute in Section 40-4-5 NMSA 1978.

How Do I File For Divorce?

You start a divorce proceeding by filing a petition in the county’s district court where one of the people in the marriage resides. A divorce proceeding can be a complicated legal process, and you should talk to a lawyer before trying to do it yourself. If you decide to file for divorce without a lawyer, New Mexico has approved specific forms you must use. These forms come with specific instructions that should be followed very carefully. The forms are known as the Divorce and Family Forms, and they are divided into three sets of forms based on the stages you usually go through to get a divorce.

What Do I Do if I am Served with a Divorce Petition?

When you are served with a divorce petition, you have 30 days to file a response. A divorce proceeding can be a complicated legal process, and you should talk to a lawyer before trying to do it yourself. If you decide to file a response without a lawyer, there is a specific form you must use to respond, which is 4A-104 NMRA.

Divorce Checklist – Spouses DO Have Children

This checklist will help you take the proper steps to begin the divorce process.

Step 1: Fill out the forms. Complete and file the following forms:

Domestic Relations Sheet (4A-101)
Petition for Divorce (4A-103)
Summons (4-206)

Step 2: File the forms. Prepare your forms for filing: Make two (2) sets of copies of the Petition and Summons. Sort each document according to title (as listed above on step 1), placing the original on top of its copies and paper-clipping them together. For example, put the original Petition on top of its stapled copies and clip them together on paper. When you file your documents, the clerk randomly assigns your case and case number to a judge. The originals will be stamped and copies endorsed. In addition, you may be given a Temporary Domestic Order, which is directed to both parties. The clerk will issue the summons to prepare for the Service of Process (notifying the other party of this legal process).

Step 3: Serve your court papers. The other spouse must receive a copy of your court papers, which is called “serving” them. Even if you do not know where to find the other party, you still have to serve them with your court papers. You may have to ask the court for permission to publish a notice in the newspaper. Please read Rule 1-004 NMRA for more details. It is important to remember that you do not serve these court papers to the other spouse; your job is to arrange for someone else to do this for you. The person receiving the court papers has thirty (30) days to respond to the petition. If the other party does not respond to your court papers, this may lead to a default judgment.

Step 4: Go to your hearing. This information may vary based on where you live. Before proceeding, please talk to the court clerks to get more information on the required forms. Once the initial paperwork is filed and served, the judge may order you and your spouse to attend a parent education workshop. This workshop will educate you about co-parenting relationships and prioritizing the child’s well-being. The form used to request custody is Form 4A-302. You and your spouse have made this plan about custody and your timesharing schedule. This form requires a notarized signature of both you and your spouse. In some districts, you may be required to try mediation if you and your spouse cannot agree. Once a judge approves a custody plan, it is time to calculate child support. The parties must attach a completed Child Support Worksheet to the Child Support Obligation Order. When the parties do not agree, one of them must ask the court for a hearing.

Step 5: Decide on property and debt. Spouses must use Form 4A-301, the Marital Settlement Agreement, to decide what property is being divided, as well as debt. Even if you and your spouse have already divided property, even if it is in one spouse’s name, you both must still tell the court which spouse received the property and how much it is worth. You both will also need to tell the court all debts, which spouse will pay them, and how much the debt is. Suppose spouses disagree on the separation of property and debt. In that case, each spouse must submit their Marital Settlement Agreement, and the judge will review both to decide how to separate property.

Step 6: Go to your hearing. The final document needed to end a marriage is the Final Decree. Once the judge signs this document, both parties are officially separated and are considered single. Spouses are required to fill out a Request for Hearing 4A-206. Whether or not you have a hearing is decided by the judge. Spouses will get notice in the mail saying to come to court, or you will get your Final Decree in the mail.

Divorce Checklist- Spouses DO NOT Have Children

This checklist will help you take the proper steps to begin the divorce process.

Step 1: Fill out the forms. Complete and file the following forms:

Domestic Relations Sheet (4A-101)
Petition for Divorce (4A-103)
Summons (4-206)

Step 2: File the forms. Take the original and two copies of each completed form to file in the district court. Check with your local district court for the filing fee. You can also ask the court clerk about waiving the filing fee or part of the fee. The court keeps the originals, stamps the copies, and returns them to you. One copy is for you, and one is for the other parent.

Step 3: Serve your court papers. The other spouse must receive a copy of your court papers, which is called “serving” them. Even if you do not know where to find the other party, you still have to serve them with your court papers. You may have to ask the court for permission to publish a notice in the newspaper. Please read Rule 1-004 NMRA for more details. It is important to remember that you do not serve these court papers to the other spouse; your job is to arrange for someone else to do this for you. The person receiving the court papers has thirty (30) days to respond to the petition. If the other party does not respond to your court papers, this may lead to a default judgment.

Step 4: Decide on property and debt. Spouses must use Form 4A-301, the Marital Settlement Agreement, to decide what property is being divided, as well as debt. Even if you and your spouse have already divided property, even if it is in one spouse’s name, you both must still tell the court which spouse received the property and how much it is worth. You both will also need to tell the court all debts, which spouse will pay them, and how much the debt is. Suppose spouses disagree on the separation of property and debt. In that case, each spouse must submit their Marital Settlement Agreement, and the judge will review both to decide how to separate property.

Step 5: Go to your hearing. The final document needed to end a marriage is the Final Decree. Once the judge signs this document, both parties are officially separated and are considered single. Spouses are required to fill out a Request for Hearing 4A-206. Whether or not you have a hearing is decided by the judge. Spouses will get notice in the mail saying to come to court, or you will get your Final Decree in the mail.

Frequently Asked Questions (FAQ)

How is property divided?

Separate property includes property gained before the marriage or given to the other spouse as a gift, and anything with a written agreement or decided by a judge that it is the personal property of one spouse or another. This property will be kept by the person who owned it before the divorce proceedings began. New Mexico is a community property state, meaning that property given by either or both spouses during marriage is not separate. Section 40-3-8 NMSA 1978

What is spousal support?

Spousal support is a portion of the other person’s property or a sum of money to be paid by either person in the divorce. Different kinds of spousal support can be given. Rehabilitative support provides the receiving spouse with education, training, or work experience to help them provide for themselves. Transitional support is an income given to the receiving spouse for a certain amount of time.
Section 40-4-7 NMSA 1978

How is spousal support determined?

Spousal support is decided based on many factors, including:
1. The age and health of the spouses.
2. The current and future earnings of each spouse.
3. The efforts of each spouse to stay employed and maintain self-support.
4. The needs of each spouse.
5. The duration of the marriage.
For the complete list of deciding factors for spousal support, please see: Section 40-4-7 NMSA 1978

How do I change my name back to my original name?

My spouse and I live in different states. Where can we get divorced?

To get a divorce in New Mexico when your spouse lives out of state, you can file a petition in New Mexico where either you or your spouse lives, as long as one of you has lived in New Mexico for the last six months. Even if your spouse lives out of state, the judge can grant the divorce if you meet residency requirements.
Section 40-4-5 NMSA 1978

Can I get a divorce if I cannot locate my spouse?

To obtain a divorce in New Mexico, you or your spouse must have lived in New Mexico for the last six months and have a place to live. To begin a divorce, you must first file a petition and other papers in the district court in the county where you live or where your spouse lives. The divorce is not final until the judge signs the Final Decree of Dissolution of Marriage.
Section 40-4-5 NMSA 1978

What is the difference between a divorce and an annulment?

A divorce legally ends a marriage, while an annulment declares that the marriage lacks legal rightness and is as if it never happened. Annulment can happen because of underage marriage, mental incapacity, or fraud. An annulment does not need to happen through a divorce proceeding in court, as a divorce does.
Section 40-1-9 NMSA 1978

How is visitation determined?

Child visitation, or parenting time, is decided in the child’s best interests. The court will review the child’s age, relationship with each parent, and wishes. The safe and supervised visitation program can be enforced when contact between parents should be avoided, or if visitation between the parent and child should be supervised. To learn more about visitation options, please see Sections 40-10A-304 through 40-12-5.1 NMSA 1978

Do I have a legal right to see my grandchildren?

According to the Grandparents’ Visitation Privileges Act, the court will enforce visitation
privileges and can modify them if necessary. A grandparent can petition the court for visitation privileges if the matter concerns adopted children.
Section 40-9-2 NMSA 1978

After a divorce, can I change my child’s last name and birth certificate?

Child Support Calculator

Resources

Response to Motion

– Second Judicial District

Procedure for Filing a Default Parentage-Custody

– Second Judicial District

Parenting Plan

– Second Judicial District

Motion for Default Order Establishing Parentage, Custody, Time-sharing, and Child Support

– Second Judicial District

Instructions for Completing a Default Order Establishing Parentage, Custody, Time-sharing, and Child Support

– Second Judicial District

Default Order Establishing Parentage, Custody, Time-Sharing, and Child Support

– Second Judicial District

Certificate as to the State of the Record

– Second Judicial District

Affidavit as to Respondent’s Failure to Plead or Otherwise Defend

– Second Judicial District

Rule 1-099 NMRA Certificate

– Second Judicial District

Request for Hearing

– Second Judicial District

April 15, 2026 Minutes

– Third Judicial District

March 18, 2026 Minutes

– Third Judicial District

March 26, 2026 Special Meeting Minutes

– Third Judicial District

January 21, 2026 Minutes

– Third Judicial District

DRAFT February 18, 2026 Minutes

Overview

Additional Information

What is Dissolution of Marriage?

Who Can File For Divorce?

How Do I File For Divorce?

What Do I Do if I am Served with a Divorce Petition?

Divorce Checklist – Spouses DO Have Children

Divorce Checklist- Spouses DO NOT Have Children

Frequently Asked Questions (FAQ)

Resources

Response to Motion

Procedure for Filing a Default Parentage-Custody

Parenting Plan

Motion for Default Order Establishing Parentage, Custody, Time-sharing, and Child Support

Instructions for Completing a Default Order Establishing Parentage, Custody, Time-sharing, and Child Support

Default Order Establishing Parentage, Custody, Time-Sharing, and Child Support

Certificate as to the State of the Record

Affidavit as to Respondent’s Failure to Plead or Otherwise Defend

Rule 1-099 NMRA Certificate

Request for Hearing

April 15, 2026 Minutes

March 18, 2026 Minutes

March 26, 2026 Special Meeting Minutes

January 21, 2026 Minutes

DRAFT February 18, 2026 Minutes

Plan de acceso lingüístico y Plan ADA

US’ Memorandum in Support of Motion for Summary Judgment (w-attachments)

Pre-1906 Claimants’ etal, Response to the US’ Mtn for Summary Judgment and Mtns to Dismiss Claims

Verde’s Response to the United States’ Motion for Summary Judgment

CLC’s Joinder in SNM’s Motion to Preclude Reply Brief from City of El Paso on the US’ MSJ

EPNG’s Response to United States’ Motion for Summary Judgment

Motion for Extension of Time to File Summary Judgment Motions in Stream System Issue No. 104

United States’ Notice of Errata

Affidavit of Mark F. Sheridan in Support of EPNG’s Request for Rule 1-056(F) Relief

City of Las Cruces’ Response in Opposition to the US’ Motion for Summary Judgment

US’ Consolidated Reply to Responses to the US’ Motion for Summary Judgment

EPCWID #1’s Brief in Support of the US’ Motion for Summary Judgment

SNM’s Memorandum in Opposition to United States’ Motion for Summary Judgment

NMSU’s Response to the United States’ Motion for Summary Judgment

SRGDCFA’s Response to US’ Motion for Summary Judgment

Statement of Undisputed Material Facts in Support of United States’ Motion for Summary Judgment

City of EP’s Response in Opposition to State’s Mtn to Preclude Reply Brief from City EL on US’ MSJ

CLC’s Notice of Joinder in SNM’s Motion to Preclude Additional Brief from EP#1 on the US’ MSJ

SNM’ Motion to Preclude Additional Brief from EP#1 on the US’ Motion for Summary Judgment

SNM’s Motion to Preclude Reply Brief from City of El Paso on US’ Motion for Summary Judgment

SNM’s Motion to Strike Response of Certain Pre-1906 Claimants to US MJS

Stahmanns Inc.’s Notice of Joinder in NMPG’ Response to the US’ Motion for Summary Judgment and Memo

City of EP’s Reply in Support of US’ Motion for Summary Judgment

United States’ Motion for Summary Judgment

08-13-2024 CV-75-184 Order correcting mistakes regarding acreage amounts in two consent orders in the La Plata Adjudication

06-12-2024 MOTION TO CORRECT MISTAKES

2015-02-25 Consent Order AF-01-78

2010-12-03 Notice of Receipt of Claimants Rejections AF-01-78

2011-06-29 Tape Log AF-01-78

2015-03-05 Certificate of Service of Filed Consent Order to Defendant AF-01-78

2015-02-24 Tape Log AF-01-78

2015-01-30 Notice of Mandatory Scheduling Conference AF-01-78

2015-01-22 Certificate of Service of Consent Order to Defendant AF-01-78

2015-01-07 Tape Log AF-01-78

2014-12-12 Notice of Mandatory Scheduling Conference AF-01-78

2014-12-11 States Report on Rejected Consent Orders AF-01-78

2014-03-04 Certificate of Service of Consent Order to Defendant AF-01-78

2011-06-09 Notice of Mandatory Scheduling Conference AF-01-78

2007-02-27 Certificate of Service of Settlement Package AF-01-78

2006-10-23 Petition for Commencement of Subfile Proceeding AF-01-78

December 28, 2011 – Glenda Gentry v. Timberon Water and Sanitation, No. 30,234

December 27, 2011 – State of New Mexico v. Candace S., No. 30,331

December 20, 2011 – Financial Indemnity Company v. Leo Cordoba, No. 30,417

December 12, 2011 – T. David Thompson, Individually and as the Personal Representative of the Estate of Carolyn Rose Bennett v. Doyle D. Potter, R.PH., and NCS Healthcare of New Mexico, Inc., a/k/a NCS Healthcare Albuquerque, No. 29,705

December 08, 2011 – GEA Integrated Cooling Technology v. State of New Mexico Taxation and Revenue Department, In the Matter of the Protest of GEA Integrated Cooling Technology, No. 30,790

December 06, 2011 – Cheryl Schultz on behalf of Kevin Schultz (deceased) v. Pojoaque Tribal Police Department, and New Mexico Mutual Casualty Company, No. 28,508

Response to Dissolution of Marriage

Dissolution of Marriage without Children

Dissolution of Marriage with Children

Grandparent Visitation

Contact Information