New Mexico No Fault Divorce

The divorcing partner, who begins the divorce action, is known as the Petitioner. The other divorcing partner, who is served the divorce papers, is termed as the Respondent. The court in the county in which either divorcing partner resides can be chosen for filing the Petition. The court filing fees are different in different counties in this state. The precise amount can be enquired at the local courthouse.

Grounds of New Mexico No Fault Divorce

One of the divorcing partners has to state that the marriage has been broken down irretrievably due to incompatibility between the divorcing partners. Moreover, there is no reasonable probability of reconciliation.

Residency requirements of New Mexico No Fault Divorce

One of the divorcing partners must be residing in this state for minimum 6 months before the divorce case was filed. This divorcing partner must have a home in this state.

New Mexico No Fault Divorce Legal Form Kit

This kit is available in the .doc format and Microsoft Word is the software that is essential for viewing it. The kit is Macintosh compatible. The last page in the ordering process has the "download now" button that has to be clicked to view this kit. This kit consists of the essential forms and filing instructions of a no fault divorce. However, these are to be observed only in simple and uncontested actions.

The following forms can be accessed in this kit. Additionally, there is a law glossary.

Without minor children

• Entry of default
• Affidavit for Entry of Default
• Decree of Dissolution of Marriage
• Certificate as to the State of the Record and Non-Appearance
• Waiver of Waiting Period
• Notice and Receipt of Summons
• Return of Service
• Affidavit of Service by Mail
• Summons
• Waiver and Consent
• Appearance
• Wife’s Consent to Restore former name
• Petition for Dissolution of Marriage

With minor children

• Monthly Child Support Obligation Worksheet
• Affidavit concerning Child Custody
• Joint Custody Parenting Plan
• Entry of Default
• Affidavit for Entry of Default
• Decree of Dissolution of Marriage
• Certificate as to the State of the Record and Non-Appearance
• Waiver of Waiting Period
• Notice and Receipt of Summons
• Return of Service
• Affidavit of Service by Mail
• Summons
• Waiver and Consent
• Appearance
• Wife’s Consent to Restore Former Name
• Petition for Dissolution of Marriage

Points to note

• While computing the child support obligation, some of the factors that are considered are as follows
  • Gross income of both partners
  • Child related expenditures
  • Duration of time spent by the child with each parent
• The child support obligation exists up to the 18th birthday of the child, although it may continue during the secondary education of the child
• This state believes that joint legal custody is the ideal choice for any child. In this type of custody, both the divorcing parents take active participation in the crucial decisions regarding the development of the child
• If the parents cannot reach any consensus regarding custody, the court passes orders that mediation is essential
• When mediation also fails, the court takes the final decision regarding custody maintaining the best interests of the child in mind

Divorce Papers