New Mexico Divorce Records

The divorce trend in New Mexico has historically been higher than the national average for the past three decades. In 1990 it was 4.9 per 1,000 people, but slightly reduced to 4.0 in 2010. There is a measured decline, considering the recent rate was 3.3 in 2015. it is still much higher than the national average of 2.4, despite the gradual reduction. This may be attributed to changing attitudes toward marriage, leading to high divorce numbers. This may also be related to the reduced social support networks in the state. Non-white Hispanics are the main demographic meaning they most likely account for the highest divorce numbers, among ethnicities.

Divorce records are typically created and maintained by the District Courts where the case was finalized or the New Mexico Bureau of Vital Records and Health Statistics. That said there are three types of divorce records available within the state. These are:

• Divorce Case Files: they are comprehensive documentation pertaining to the proceedings. These may include motions, evidence collected, and transcripts from the court.
• Divorce Decrees: this is the final decision issued by the courts at the end of the case. It includes the judge's decision on alimony, child custody, and division of assets. Certified divorce decrees typically have restricted accessibility.
• Divorce Certificates: these are issued by the state following the divorce decree and are often used for official use to prove the ex-couple is divorced. They entail the parties' names, dates, and locations of the finalized divorce.

What Are the Residency Requirements for Divorce In New Mexico?

In New Mexico, either of the spouses needs to have been living there for six months before the petition. Interested parties will be determined to qualify for the residency requirements if they are physically in the state and maintain a house. These conditions also apply to members of the military that are stationed in New Mexico, or if they intend to live there for the indefinite future.

What Are the Grounds for Divorce in New Mexico?

According to New Mexico statutes, chapter 40, article 4, the process of divorce is set on grounds of fault or no-fault between the parties. Being a no-fault state means parties can file for the divorce without the assigning of blame. It can be due to incompatibility or living apart for the designated period. Fault-based grounds are less common but they require one of the parties to prove the other has caused the breakdown of the marital relationship. There are several accepted grounds for fault divorce in New Mexico and they include the following:

• Adultery: One of the parties has committed sexual intercourse with an outside individual during the marriage. This has to be proven beyond reasonable doubt, though.
• Abandonment: If one of the spouses goes away and does not adhere to their marital responsibilities for a period of one year, the other may opt to petition for divorce.
• Cruel treatment: the alleging spouse has to prove the other has caused physical or mental abuse to them. The behavior must be proven to be continuous and intolerable.
• Substance Dependence: If one or both of the parties engage in continuous and excessive use of alcohol or substance abuse. If they cannot sustain the home, they can petition for divorce.
• Insanity Diagnoses: should one of the parties be proven to be mentally unstable and remanded to a psychiatric facility with little hope of recovering, the other can decide to file for divorce.

How Much Does It Cost To File for Divorce in New Mexico?

Divorce costs in New Mexico are dependent on the filing, serving, and classes required. It also depends on whether the divorce is being contested. Parties may utilize the following breakdown of the divorce process in New Mexico:

• Filing fee: this refers to the cost attributed to petitioning for a divorce in New Mexico, it is $137. This also depends on other motions though such as whether it is contested and if there are children involved. Parties may also benefit from a waiver if any cannot afford the cost of filing.
• Service Fees: Once the divorce has been filed, the complainant must serve their spouse with a notice and summons to court. The cost varies based on the method of service chosen, which could be through Certified Mail or a sheriff. Typically, this expense ranges from $50 to $100, depending on the selected approach.
• Attorney Fees: Engaging a lawyer to represent either party also incurs costs. Lawyers typically charge by the hour, meaning that the longer the court proceedings last, the more expensive it will be for both parties. Hourly rates for attorneys can range from $100 to $400, depending on their level of experience. If both spouses can agree on most terms of the separation, total fees may fall between $1,500 and $4,000. However, if the divorce is contested, costs can exceed $15,000.
• Mediation Cost: this is not mandatory for all divorces. However, the courts can recommend it if the spouses are disputing concerning the terms like child custody and visitation. If they are supplied by the courts, the mediator will likely cost less than if they were provided by a private party.
• Parental Costs: These are not required if the divorce is uncontested or does not involve minors. However, classes may be mandated to help parents understand how to handle their children during a divorce. These may range from $25 to $50 per person per session.

If the parties cannot afford any of these costs due to income, they can apply for a waiver from the courts.

How Long Is the Waiting Period for Divorce in New Mexico?

From the time the divorce has been filed in court, the respondent has 30 days to respond. This is the mandatory waiting period for divorces in the state. If there is no response, the courts will issue a default judgment that favors the requester.

How To File for Divorce in New Mexico

The process of divorce, whether contested or not, involves several steps. To file for divorce, the person must have lived within the state for six months before the filing of the complaint. The petition and necessary documents will then be filed with the district court of the appropriate county where one resides, including the New Mexico Supreme Court district court, composed of Petition for the Dissolution of Marriage, Summons, and the Child Support worksheet. This will make it clear upon filing whether it is a divorce that is uncontested where both parties have settled on all terms or whether it is a contested divorce where there are disagreements.

Once the papers have been filed, the filing spouse will serve the papers to the respondent to notify them. The methods of service may be Certified Mail, personalized service by a sheriff, or process server. In such a case, the respondent has 30 days to file a response. Depending on the nature of the case, especially if there is a dispute, the courts may require the couple to have a mediator. They may also be required to attend parenting classes if they have minors. Should both parties agree on the terms, the court will review the case and give a final decree of dissolution of marriage.

Are Divorce Records Public in New Mexico?

Per the New Mexico Public Records Act, Chapter 14 Article 2, interested parties have the right to access records held by the state agencies. This regulation applies to public access to court records but not certified divorce decrees or certificates. It specifies that the majority of the court records. That said, divorce records are exempt from this regulation because of the sensitivity of the material held.

Records with details concerning child abuse, domestic issues, or bankruptcy are not available to all parties. Similarly, social security numbers, financial accounts, and the identities of minors may be sealed from public view.

How To Get Certified Copies of a Divorce Decree in New Mexico

Certified copies of divorce decrees are only available to particular persons, such as the parties of the divorce, immediate family, and legal representatives of the case. Should one fulfill the criteria, they can find the records at the district court where the divorce was finalized. It would be advisable to contact the clerk of the district court and ask them the best approach for record seeking.

The record query should have the full names of both divorce parties, the date of the divorce, case numbers, and a photo ID of the requester. Certified divorce decrees also come at a fee that depends on the county. Typically, it may cost between $2 and $5 per page.

Divorce Settlement: Is New Mexico a 50/50 State?

New Mexico is a community property state. Thus, the family court judge will usually divide any property on a 50/50 basis, unless there is a compelling reason not to. The courts will permit each of the parties to keep their property separate and distinct. Such separate-property items may include any assets that may have been owned before the marriage, or property received by gift or inheritance before or during the marriage.

It is to be noted that the court will determine the value of the community property prior to equally dividing it. It is also important to note that in situations where a prenuptial agreement exists, it could have priority over considerations for community property.

FAQs About Divorce Process In New Mexico

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