How to File for Divorce in New Mexico When a Spouse Won't Sign
- 1). Download the appropriate contested divorce packet from one of the New Mexico Judicial District Court websites. Packets include the petition for dissolution of marriage, summons form, required orders and children and property forms. New Mexico separates the packages by dissolutions involving minor children, as well as simple or complex property issues.
- 2). Fill out the domestic relation information sheet. Write in black ink or type in biographical information for you and your spouse, including Social Security numbers. This sheet will not be included in your court file to protect confidential information from the public. Leave the case number blank. The court clerk will fill this in when you file.
- 3). Complete the appropriate contested dissolution of marriage petition. Required information includes your name and basic contact information, your spouse's information, relevant district court and county, basis for divorce, names and ages of minor children, list of community property and the living arrangements of both parties. Incorporate your preferred provisions regarding alimony, child custody and support, visitation and property division.
- 4). Fill out the summons form. Include the appropriate county, your name and your spouse's name and address.
- 5). Complete the caption sections for the court order forms included in your packet. This includes county name and your name and your spouse's. Leave the case number blank. Necessary orders vary by situation, but can include ones for mediation, temporary domestic orders and discovery for child support and interim allocation.
- 6). Go to the Self Help Center in the appropriate district courthouse and request dates for your child support discovery hearing and the mediation information session, if necessary.
- 7). Take all three orders to the relevant family court judge's office for signatures. If unclear on the appropriate judge, ask the Self Help Center staff.
- 8). Make two copies of the information sheet, petition, summons and orders.
- 9). File the original and two copies of the divorce package with the district court clerk and pay the filing fee. The clerk assigns a case number and fills in the case number lines on the originals and copies. The clerk keeps the original for your official file and gives the two copies back to you. One copy is for you and the other for your spouse.
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Serve your spouse with his copy of the divorce packet. New Mexico requires in-person service by someone not involved in the case and over 18 years of age. Contact a family member, a friend, local law enforcement or process server to deliver the documents to your spouse. After service, make sure the server completes the Return of Service form. File the form with the court in order for your case to continue. - 11
Attend the two-hour mediation information session to develop the parenting plan and the child support worksheet. Both spouses must be present. The mediator will help work through any differences regarding child support and custody issues. If both parties cannot agree, the mediator will refer you to a Child Support Hearing Officer to resolve the issues. The officer will determine the terms. Once you complete the plan and worksheet, file the original and two copies with the court clerk. - 12
Attend the child support and interim allocation discovery hearing. At the hearing, the judge determines a temporary plan that fairly divides marital income and expenses, including child support, until the divorce is final. - 13
Attend the Settlement Conference with your spouse to divide property and debts. The court will automatically assign you a conference time within 60 days of the filing of your petition. Once you are in agreement, complete and file the original and two copies of the verified martial settlement agreement included in your divorce packet with the court clerk. - 14
Complete the final decree of dissolution of marriage form. Specific information needed includes date of dissolution petition and any name change request. Sign the form and submit it to the court clerk. This completes your divorce packet. - 15
Wait while the judge reviews your divorce file. If there are no issues, she will sign your divorce decree. If there are issues, the judge will order a hearing to discuss and resolve the remaining differences. After the hearing, she will sign the divorce decree. File the signed divorce decree with the clerk's office.
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