Getting a divorce over the Internet has become a realistic endeavor in 2024. Emerging technologies have made e-filing possible, and now, couples can get a dissolution of marriage online and never set foot in the courthouse. E-filing for divorce is available in New Mexico but only in Bernalillo County.
What about other counties? Can divorcing spouses file divorce papers over the Internet or only prepare an application for divorce online?
Let’s dig into greater detail on how divorcing couples apply for divorce in New Mexico and what can be done online. Read these 6 divorce tips and save yourself time, money, and hassle.
Page Contents
Tip 1: Decide on the Type of Divorce
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Start by deciding if you are having an uncontested divorce or a contested divorce.
It’s easy to determine. First, understand if either of you is against a divorce per se. Second, find out if you agree on child custody, child and spousal support, and property division.
If both you and your spouse support the idea of ending your marriage, and you both agree on all the terms of the divorce, you have an uncontested divorce. It’s great news because, as a rule, uncontested divorces are quicker and cheaper than contested ones.
Unlike no-fault divorces that cite ‘irreconcilable differences’ or ‘incompatibility,’ contested divorces are usually fault-based. It means that spouses state such grounds for divorce as cruel treatment, adultery, abandonment, etc.
By definition, contested divorces require more time and expenses because the spouse’s fault must be proven in court.
Tip 2: Decide on Legal Assistance
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Contested divorces always require legal representation, whereas uncontested divorces can be Do-It-Yourself, as spouses can proceed without an attorney.
How to decide if you need a lawyer for an uncontested divorce? A DIY divorce requires petitioners to have a general understanding of the divorce process in New Mexico. If spouses don’t have time or energy to learn about related laws and rules of getting a divorce in New Mexico, they definitely should find an attorney like newmexicoonlinedivorce.com.
When spouses want to save on legal fees and agree to cooperate, they qualify for a DIY divorce and can file without the assistance of legal professionals. Spouses can also fill out the required divorce papers themselves. However, in New Mexico, they must also sign their marital settlement agreement to qualify for an uncontested divorce.
Tip 3: Make Sure You Meet All the Requirements
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To file for divorce, either you or your spouse must have lived in New Mexico for at least six months before filing. The residency requirement is the same for military personnel. If the military spouse hasn’t been stationed in the state for six months, filing for divorce is not legitimate.
Tip 4: Prepare the paperwork
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In New Mexico, divorcing spouses (or their attorneys) must file a petition and all forms regarding child custody, child support, alimony, and distribution of assets and debts, and the marital settlement agreement.
You will need your spouse’s and your personal information (i.e., personal data, contact information, employment-related information, proof of state residency, details about all your children and current child support, if any; wedding details, birth certificates for all children, etc.).
Financial documents required include financial statements, employment contracts, recent tax returns, year-end statements for the spouses, real estate documents, and personal property information. Also, you may need current information on insurance policies and all the bank accounts.
Although completing and filing the paperwork at the court is pretty straightforward, some people prefer to hire a lawyer to ensure everything is correct.
Another option is using Internet divorce services to prepare divorce documents following the guidelines. Online divorce companies ask spouses questions about their family and divorce-related issues and complete the forms for them. For much less than attorney fees, you will obtain completed forms ready to be signed and filed with the court. It’s a stress-free and fast way to complete divorce papers online.
Tip 5: Estimate the Cost of Divorce
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In most divorce cases, people ultimately spend more than they expected. However, it is up to you to hold control over your divorce expenses if you and your spouse agree not to play a blame game and are eager to keep divorce-related costs down.
If you prepare and file divorce papers without hiring attorneys, you save on legal fees. Then you have to pay only court fees from $135 to $155 depending on the county.
Mind that it is possible for LAWYERS ONLY to file for divorce online at Bernalillo County ($8 for filing; $12 for filing and serving the respondent).
Add to it the cost of preparing divorce forms with the help of a web divorce service.
The least predictable costs come from using paid services of financial advisors, real estate appraisers, mediators, and therapists.
Keep in mind that New Mexico courts waive filing fees if a divorcing couple qualifies as a low-income household. Also, check out the conditions of legal aid and more information on law and poverty.
Tip 6: Know your Options
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Even though an uncontested divorce is the best option, sometimes spouses find out along the way that they don’t agree to some terms of the divorce. It is totally normal to want to have better conditions as no one should settle for less.
At the same time, disagreements with some terms should not necessarily spell out a contested divorce. Sit down together and talk about what you want. In some cases, mediation can help. In others, spouses can spend more time on pre-filing preparation and sort out their disagreements on property division, child custody, and support issues.
If you approach filing for divorce with consideration and wisdom, you can have the easiest variant in terms of court proceedings.
Bottom Line
These 6 tips for divorce in New Mexico are just a starting point for your ‘end of marriage’ journey. Sometimes spouses come across new aspects they didn’t consider that slow down their divorce and make it less affordable. However, it is generally possible to plan and have a relatively fast and inexpensive divorce in New Mexico if both spouses are cooperative and set their eyes on amicable dissolution.
