What Do I Need to Know About Filing Divorce in New Mexico with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
New Mexico Grounds for Divorce.
Because Help Yourself Divorce is a “no-fault” divorce service, we will prepare your divorce papers based on the no-fault grounds of “incompatibility.” This means you and your spouse agree to file a no-fault divorce.
New Mexico Residency Requirements.
Before filing for divorce, at least one spouse must have resided in New Mexico for at least 6 months. Additionally, you must have a “domicile” in New Mexico. “Domicile” is defined as a person who:
- Is physically present in New Mexico and has a place of residence in New Mexico; or
- Has a present intention in good faith to reside in New Mexico permanently or indefinitely; or
- Has been continuously stationed in the military within New Mexico for at least 6 months; or
- Is stationed in the military outside of New Mexico but did reside continuously in New Mexico for at least six months immediately prior to military deployment, and intends to return to New Mexico permanently or indefinitely.
Filing for Divorce in New Mexico.
You can file divorce in the New Mexico county where either party resides.
New Mexico Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse.
After you file your divorce papers with the Court, you will need to serve a copy of the papers on your spouse. The clerk will arrange to have this done when you file, and will provide proof of service for the Court.
Waiting Period.
There is no specific waiting period after filing your divorce papers, before your divorce can be finalized.
New Mexico Final Uncontested Divorce Hearing.
Your divorce will be finalized in a brief uncontested divorce hearing. The Court will notify you of the date and time of your hearing after you file.
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.