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Uncontested Divorce in New Mexico

How to get an uncontested divorce in New Mexico. Process, costs, and timeline. New Mexico is a community property state.

Property Type

Community

Filing Fee

$135–$200

Median Cost

$7,500–$30,000

Annual Divorces

8,000+

Understanding Uncontested Divorce in New Mexico

To file for divorce in New Mexico, you must meet New Mexico’s residency requirement of 6 months. The filing fee is $135–$200. There is a mandatory waiting period of 30 days before the divorce can be finalized.

New Mexico allows both no-fault and fault-based divorce. Fault grounds include: Adultery, Abandonment, Cruel treatment. Filing on fault grounds may affect property division or alimony awards.

An uncontested divorce in New Mexico typically costs $7,500 and takes 2–4 months. Contested cases average $30,000 and can take 12–18 months or longer. The governing statute is NMSA §40-4-1.

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Common Questions

How long do you have to live in New Mexico to file for divorce?
New Mexico requires 6 months of residency before you can file for divorce. NMSA §40-4-1 governs the filing requirements.
Is New Mexico a community property or equitable distribution state?
New Mexico follows community property rules, meaning marital assets are generally split 50/50.
How much does a divorce cost in New Mexico?
Filing fees in New Mexico range from $135–$200. The median total cost is approximately $7,500 for uncontested divorces and $30,000 for contested cases.
How long does a divorce take in New Mexico?
New Mexico has a mandatory waiting period of 30 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in New Mexico?
New Mexico uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about uncontested divorce in New Mexico and is not legal advice. Verify current statutes with NMSA §40-4-1 or consult a licensed New Mexico attorney. Last reviewed March 2026.