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Free Divorce Papers
For New Mexico

New Mexico is one of the few states that calls its no-fault ground "incompatibility" — six months of residency, then a 30-day answer window and you are done.

Reviewed by our editorial team Based on official state court forms

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Templates reviewed for the 2026 filing year · Based on official state forms

Document Templates

New Mexico divorce template samples

Expand a template below to see exactly what's included before you fill it in.

Uncontested Divorce Sample See the full text of the agreement both spouses sign together.

Petition for Dissolution of Marriage — Uncontested

IN THE DISTRICT COURT OF THE STATE OF NEW MEXICO, IN AND FOR THE COUNTY OF [1. County] Case No. [2. Case Number] [3. Petitioner Full Name], Petitioner, vs. [4. Respondent Full Name], Respondent. Comes now the Petitioner, [3. Petitioner Full Name], and files this Petition for Dissolution of Marriage against the Respondent, [4. Respondent Full Name], and in support thereof respectfully states:

Jurisdiction and Residency

Petitioner has resided in the State of New Mexico for at least six months immediately preceding the filing of this Petition, and has the intent to remain, in accordance with NMSA 1978, § 40-4-5. This Court has jurisdiction over the parties and the subject matter of this action.

Marriage Information

The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation]. There are no minor children born of or adopted during this marriage.

Grounds for Dissolution

The parties are incompatible, and there is no reasonable prospect of reconciliation, in accordance with NMSA 1978, § 40-4-1. The marriage should be dissolved.

Property and Debt Division

The parties have reached a full and complete agreement regarding the division of all community property, separate property, assets, and debts. The terms of this division are as follows: [8. Property and Debt Division Terms]

Spousal Support

The parties have agreed that spousal support shall be as follows: [9. Spousal Support Terms]

Request for Relief

WHEREFORE, Petitioner respectfully requests that this Court: (a) enter a Decree of Dissolution dissolving the marriage of the parties; (b) approve the parties' agreement regarding community property, separate property, debts, and spousal support; (c) restore Petitioner's former name of [10. Former Name], if requested; and (d) grant such other and further relief as the Court deems just and proper. Dated: [11. Date of Signing]

Verification

I, [3. Petitioner Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief. Executed this [12. Execution Date] day of [13. Execution Month, Year], at [14. City and State of Execution].
Contested Divorce Sample See how disputed terms are laid out before you fill anything in.

Petition for Dissolution of Marriage — Contested

IN THE DISTRICT COURT OF THE STATE OF NEW MEXICO, IN AND FOR THE COUNTY OF [1. County] Case No. [2. Case Number] [3. Petitioner Full Name], Petitioner, vs. [4. Respondent Full Name], Respondent. Comes now the Petitioner, [3. Petitioner Full Name], and files this Petition for Dissolution of Marriage against the Respondent, [4. Respondent Full Name], and in support thereof respectfully states:

Jurisdiction and Residency

Petitioner has resided in the State of New Mexico for at least six months immediately preceding the filing of this Petition, and has the intent to remain, in accordance with NMSA 1978, § 40-4-5. This Court has jurisdiction over the parties and the subject matter of this action.

Marriage Information

The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation]. There are no minor children born of or adopted during this marriage.

Grounds for Dissolution

The parties are incompatible, and there is no reasonable prospect of reconciliation, in accordance with NMSA 1978, § 40-4-1. The marriage should be dissolved.

Property and Debt Division

The parties are unable to agree on the division of their community property, separate property, assets, and debts. Petitioner requests that this Court divide the parties' community property and debts. The relevant community and separate assets and liabilities include: [8. Property and Debt Description]

Spousal Support

The parties are unable to agree on spousal support. Petitioner requests that the Court award spousal support in an amount and for a duration that is just and equitable, considering the factors set forth in NMSA 1978, § 40-4-7. Relevant facts include: [9. Spousal Support Facts]

Request for Relief

WHEREFORE, Petitioner respectfully requests that this Court: (a) enter a Decree of Dissolution dissolving the marriage of the parties; (b) divide the parties' community property and debts; (c) award spousal support as the Court deems just and equitable; (d) restore Petitioner's former name of [10. Former Name], if requested; and (e) grant such other and further relief as the Court deems just and proper. Dated: [11. Date of Signing]

Verification

I, [3. Petitioner Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief. Executed this [12. Execution Date] day of [13. Execution Month, Year], at [14. City and State of Execution].
Uncontested Divorce with Children Sample See the agreement plus the parenting plan section in full.

Petition for Dissolution of Marriage — Uncontested with Children

IN THE DISTRICT COURT OF THE STATE OF NEW MEXICO, IN AND FOR THE COUNTY OF [1. County] Case No. [2. Case Number] [3. Petitioner Full Name], Petitioner, vs. [4. Respondent Full Name], Respondent. Comes now the Petitioner, [3. Petitioner Full Name], and files this Petition for Dissolution of Marriage against the Respondent, [4. Respondent Full Name], and in support thereof respectfully states:

Jurisdiction and Residency

Petitioner has resided in the State of New Mexico for at least six months immediately preceding the filing of this Petition, and has the intent to remain, in accordance with NMSA 1978, § 40-4-5. This Court has jurisdiction over the parties and the subject matter of this action.

Marriage Information

The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation]. There are [8. Number of Children] minor child(ren) born of or adopted during this marriage: [9. Children Names and Birthdates].

Grounds for Dissolution

The parties are incompatible, and there is no reasonable prospect of reconciliation, in accordance with NMSA 1978, § 40-4-1. The marriage should be dissolved.

Custody and Time Sharing

The parties have reached a full agreement regarding legal custody and physical custody of the minor child(ren), in accordance with the best interests of the child(ren) under NMSA 1978, § 40-4-9. The agreed parenting plan and time-sharing arrangement is as follows: [10. Parenting Plan Terms]

Child Support

The parties have reached an agreement on child support consistent with the New Mexico Child Support Guidelines (NMSA 1978, § 40-4-11.1). The agreed monthly child support amount is [11. Child Support Amount], payable by [12. Paying Parent] to [13. Receiving Parent]. Additional terms: [14. Child Support Additional Terms]

Medical and Childcare Expenses

Unreimbursed medical, dental, vision, and childcare expenses for the minor child(ren) shall be shared as follows: [15. Medical and Childcare Terms]

Property and Debt Division

The parties have reached a full and complete agreement regarding the division of all community property, separate property, assets, and debts. The terms of this division are as follows: [16. Property and Debt Division Terms]

Spousal Support

The parties have agreed that spousal support shall be as follows: [17. Spousal Support Terms]

Request for Relief

WHEREFORE, Petitioner respectfully requests that this Court: (a) enter a Decree of Dissolution dissolving the marriage of the parties; (b) approve the parties' parenting plan regarding custody and time sharing of the minor child(ren); (c) order child support in accordance with the parties' agreement and the New Mexico Child Support Guidelines; (d) approve the parties' community property and debt division; (e) restore Petitioner's former name of [18. Former Name], if requested; and (f) grant such other and further relief as the Court deems just and proper. Dated: [19. Date of Signing]

Verification

I, [3. Petitioner Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief. Executed this [20. Execution Date] day of [21. Execution Month, Year], at [22. City and State of Execution].
Contested Divorce with Children Sample See how custody and parenting terms appear in the full document.

Petition for Dissolution of Marriage — Contested with Children

IN THE DISTRICT COURT OF THE STATE OF NEW MEXICO, IN AND FOR THE COUNTY OF [1. County] Case No. [2. Case Number] [3. Petitioner Full Name], Petitioner, vs. [4. Respondent Full Name], Respondent. Comes now the Petitioner, [3. Petitioner Full Name], and files this Petition for Dissolution of Marriage against the Respondent, [4. Respondent Full Name], and in support thereof respectfully states:

Jurisdiction and Residency

Petitioner has resided in the State of New Mexico for at least six months immediately preceding the filing of this Petition, and has the intent to remain, in accordance with NMSA 1978, § 40-4-5. This Court has jurisdiction over the parties and the subject matter of this action.

Marriage Information

The parties were lawfully married on [5. Date of Marriage] in [6. City and State of Marriage], and separated on [7. Date of Separation]. There are [8. Number of Children] minor child(ren) born of or adopted during this marriage: [9. Children Names and Birthdates].

Grounds for Dissolution

The parties are incompatible, and there is no reasonable prospect of reconciliation, in accordance with NMSA 1978, § 40-4-1. The marriage should be dissolved.

Custody and Time Sharing

The parties are unable to agree on legal custody or physical custody of the minor child(ren). Petitioner requests that the Court award custody and establish a parenting plan and time-sharing arrangement in accordance with the best interests of the child(ren) under NMSA 1978, § 40-4-9. Relevant facts include: [10. Custody Dispute Facts]

Child Support

The parties are unable to agree on child support. Petitioner requests that the Court order child support in accordance with the New Mexico Child Support Guidelines (NMSA 1978, § 40-4-11.1). Relevant facts include: [11. Child Support Facts]

Medical, Dental, and Childcare Expenses

Unreimbursed medical, dental, vision, and childcare expenses for the minor child(ren) shall be allocated as follows, or as the Court determines equitable: [12. Medical and Childcare Terms]

Property and Debt Division

The parties are unable to agree on the division of their community property, separate property, assets, and debts. Petitioner requests that the Court divide the parties' community property and debts. The relevant community and separate assets and liabilities include: [13. Property and Debt Description]

Spousal Support

The parties are unable to agree on spousal support. Petitioner requests that the Court award spousal support as the Court deems just and equitable under NMSA 1978, § 40-4-7. Relevant facts include: [14. Spousal Support Facts]

Request for Relief

WHEREFORE, Petitioner respectfully requests that this Court: (a) enter a Decree of Dissolution dissolving the marriage of the parties; (b) determine legal custody and physical custody and establish a parenting plan and time-sharing arrangement in the best interests of the minor child(ren); (c) order child support in accordance with the New Mexico Child Support Guidelines; (d) divide the parties' community property and debts; (e) award spousal support as the Court deems just and equitable; (f) restore Petitioner's former name of [15. Former Name], if requested; and (g) grant such other and further relief as the Court deems just and proper. Dated: [16. Date of Signing]

Verification

I, [3. Petitioner Full Name], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief. Executed this [17. Execution Date] day of [18. Execution Month, Year], at [19. City and State of Execution].
At a Glance

New Mexico divorce at a glance

Residency requirement 6 months
Waiting period 30 days after service
Filing fee $137
Grounds accepted Incompatibility (no-fault)
Official forms 4A-101 (Info Sheet), 4A-102 (Petition, no children), 4A-103 (Petition, with children)

Confirm with your county before filing — fees and rules can vary.

Overview

Dissolution of marriage in New Mexico: the incompatibility ground

New Mexico keeps its own vocabulary where other states say “irreconcilable differences”: the no-fault ground here is incompatibility, defined as discord that destroys the legitimate ends of the marriage with no reasonable prospect of reconciliation. It covers the large majority of cases in the state’s 13 judicial districts, and it requires no fault and no separation period.

Eligibility takes six months of New Mexico residency plus domicile — physical presence with intent to stay — and there is no county-level rule. The Petition for Dissolution of Marriage goes to the District Court, and the state’s standardized forms carry real numbers: the Domestic Relations Information Sheet (4A-101), the petition without children (4A-102), and the petition with children (4A-103).

After service, the respondent has 30 days to answer — the only wait in the system — and uncontested cases can finalize in about a month. Property is divided equitably, child support follows the New Mexico Child Support Guidelines, and spousal support is called spousal support. The filing fee is a flat $137 across all districts.

Official court source: New Mexico Courts (District Court)