Online divorce can be considered a perfect solution for couples seeking an inexpensive dissolution of marriage in the state of New Mexico. This option helps significantly save time and money if both spouses agree on all aspects of divorce.
Keep reading this article to learn more about the process of filing for divorce in New Mexico.
What Is an Online Divorce?
First of all, it is important to understand that online divorce refers to the preparation of divorce papers over the Internet, not the process of getting a divorce. Only a court can issue a divorce decree indicating the judge’s decision.
Currently, many online divorce companies assist in selecting and filling out divorce forms for uncontested divorce cases. All you have to do is complete a simple marriage-related questionnaire so that the platform has all the necessary information to help you generate court-approved documents.
This way of preparing divorce paperwork is extremely popular in New Mexico, as it is way more affordable and convenient than attorney’s services. For example, online divorce companies typically charge $200-$500 for this task, whereas local lawyers charge $190 to $299 per hour. As a result, the total cost of documents preparation by attorneys can reach up to several thousand dollars.
Another benefit of online divorce is that people can also prepare ready-to-sign forms from the comfort of their own home without scheduling and attending multiple meetings with lawyers.
Finally, it takes around two business days to receive completed divorce papers with the help of online divorce companies. In turn, attorneys usually need at least 1-2 weeks to carry out this task.
New Mexico Divorce Basics
To file for divorce in New Mexico, spouses need to meet some obligatory requirements.
Residency Requirements
To apply for marriage dissolution, at least one of the partners must have been a legal resident of the state for at least six months and have a “domicile” in New Mexico. If you do not fulfill this requirement, the court will not have jurisdictional rights to hear the case. In other words, your case will be dismissed.
Contested or Uncontested?
Under New Mexico divorce law, all residents of this state have the opportunity to apply for either contested or uncontested divorce.
- If the couple fails to reach a mutual agreement on divorce-related issues, they should go through a contested divorce. Most often, divorce disagreements are related to the division of marital assets, spousal support, and child custody.
- Couples who agree on all of the issues involved in ending their marriage can get divorced through an amicable route. Presently, it is the most effective way to avoid a stressful, lengthy, and expensive divorce process. It is also the main prerequisite to qualify for online divorce.
No-Fault or Fault-Based?
New Mexico accepts both fault-based and no-fault grounds of divorce.
For a no-fault divorce, there is no need to prove that the other partner did something wrong to cause the split. It is enough to testify that the reason for getting divorced from your spouse is the breakdown of the marriage with no reasonable chances to reconcile. Filing for this type of divorce is an excellent opportunity to reduce conflict, thereby focusing on other important issues, such as children and property division.
In a fault-based divorce, the filing spouse should identify one of the following legal grounds for divorce:
- cruel and inhuman treatment of one spouse by the other
- adultery
Steps to Getting a Divorce in New Mexico Online
Divorce in New Mexico can be less confusing if you follow the steps mentioned below.
Preparing Divorce Forms
Papers required for each case differ depending on personal circumstances, although most residents of this state typically need to submit:
- a petition for dissolution of marriage
- schedules of your property
- your marital settlement agreement
- a hearing request, and
- the final dissolution decree
If minor children are involved, you will also need to include other forms, such as:
- custody plan
- a child-support obligation and order, and
- the child support worksheet.
The complete list of appropriate documents can be found on the New Mexico Courts Divorce Forms page. However, if you use services provided by online divorce platforms, you shouldn’t worry about it. The system will guide you through each step of selecting and completing necessary documents.
Filing Divorce Paperwork with a Court
Once divorce papers are completed, you should take them to the clerk’s office in the district court that serves the county where either you or your partner resides. In addition, you will be required to pay a filing fee, which varies from $135 to $155 in the state.
If you can not afford this payment, make sure to fill out a fee waiver request form. The court will review this document and waive the fee if your financial status is confirmed to be below a certain level.
Serving the Spouse
People proceeding with an uncontested divorce are required to get the opposing party served in one of the following ways:
- By any person who is 18 years or older (except for the petitioner)
- By the county sheriff
- By certified mail (restricted delivery with return receipt requested)
Once you serve the paperwork and file a proof of service, your partner has 30 days to respond to the petition. When all issues have been resolved, a judge will approve the settlement agreement, thereby completing the process of marriage termination.
Conclusion
To avoid delays and extra costs during the divorce process, residents of New Mexico can prepare divorce documents with the help of online companies. In turn, considering there is no waiting period for divorce cases in the state, the divorce can be finalized very quickly.