How to Prepare for Divorce in New Mexico
Preparing for divorce in New Mexico can feel overwhelming, especially with the state's specific timelines and property laws. The more organized you are before filing, the more control you retain over the process from every angle, including financially, legally, and emotionally.
Understanding Divorce Laws in New Mexico
Fault Type
No-fault only
Waiting Period
30 days minimum
Property Division
Community property
Residency Requirement
6 months in NM
- New Mexico is a community property state.
- New Mexico only allows no-fault divorce based on 'incompatibility.'
- The 30-day waiting period begins after filing.
How to Prepare for Divorce in New Mexico
⚖️ Legal Preparation
- Collect marriage certificates, prenuptial agreements, and prior court orders
- Understand residency requirements (6 months in NM)
- Decide whether an attorney or mediator best fits your situation
- Research New Mexico's no-fault only divorce options
💰 Financial Preparation
- List all assets, debts, and income sources
- Gather tax returns (last 3–5 years)
- Open accounts in your own name
- Document all shared accounts and credit cards
Community property rules apply. Marital assets and debts are generally divided 50/50.
👨👩👧👦 If You Have Children
- Learn New Mexico custody standards
- Document children's schools, healthcare, and activities
- Consider ideal custody schedules
- Gather records of parenting involvement
New Mexico courts prioritize the child's best interest and encourage joint custody.
🔐 Personal & Digital Preparation
- Secure passwords and financial access
- Preserve important communications
- Build emotional and logistical support
- Create copies of important documents
New Mexico Divorce Resources
Stay Organized with Divorce Diary
Divorce Diary helps you track documents, deadlines, and decisions so nothing gets missed during New Mexico's divorce timeline. Walk into your first attorney meeting prepared and saving $1,000+ in intake fees.
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