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New Mexico divorce form
Download the New Mexico no-fault petition for dissolution of marriage (with children) packet for an uncontested divorce with minor children. Instant secure access with the packet documents listed below.
Use this packet if there is a minor child of the marriage. The cover walks custody, the worksheet, and wage withholding. It does not fill the forms out for you.
A filing packet built around the Petition for Dissolution of Marriage (With Children) used to open an uncontested no-fault case in New Mexico.
Everything needed to open an uncontested no-fault divorce in New Mexico: the petition for dissolution of marriage (with children) plus the supporting filing documents listed below.
Download the files and complete them on your own device. Your personal details are never entered into an online form builder.
The packet materials walk through filing, service or waiver, and the support documents a children case requires.
Use this packet if there is a minor child of the marriage. The cover walks custody, the worksheet, and wage withholding. It does not fill the forms out for you.
This packet includes 1 document in print-ready PDF format. Use the PDF files for print-ready review and signature preparation.
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This form plus the matching petition for dissolution of marriage (with children), marital settlement agreement, and final decree of dissolution of marriage — every New Mexico document in one package.
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About this form
This packet opens an uncontested no-fault divorce in New Mexico, where both spouses agree on the terms.
New Mexico is a no-fault-by-incompatibility state with a six-month residency rule and no waiting period. Cases with minor children use the official with-children packet: the petition, the 4A-301 settlement agreement, the 4A-302 Custody Plan and Order, the 4A-303 Child Support Obligation and Order (with a completed worksheet attached), and 4A-304 wage withholding, plus the party-prepared Final Decree (4A-306). New Mexico is a community-property state (§ 40-3-8), so the agreement divides community and separate property. Those blank official forms are free at nmcourts.gov — you are paying for current-edition packaging, the eligibility screen, and ILRG product support. That is not legal advice. The FAQ below covers the details.
See page 1 of the actual blank form and review a plain-language outline. The complete formatted documents are delivered after checkout.
PETITION FOR DISSOLUTION OF MARRIAGE — WITH CHILDREN (official Form 4A-103 NMRA). The official New Mexico Supreme Court petition that opens an uncontested incompatibility case with minor children in the District Court. One of the current Rule 4A forms, free blank at nmcourts.gov.
Caption and children: In the District Court of a county, New Mexico, Petitioner and Respondent, and the minor children of the marriage.
Residency and ground: six-month residency and domicile (§ 40-4-5); the petition pleads incompatibility (§ 40-4-1(A), § 40-4-2).
The full packet also includes the instructions, the information sheet, the summons and temporary order, the 4A-301 agreement with the 4A-302 custody plan and 4A-303 child-support order, the 4A-304 wage-withholding order, the party-prepared 4A-306 Final Decree, and the default chain. Child support uses the official calculator (csc.nmcourts.gov).
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The 1 packet documents listed on this page are included, delivered in PDF format. The packet centers on the Petition for Dissolution of Marriage (With Children) that opens an uncontested no-fault case, plus the supporting filing documents and reference materials shown above.
The same six-month residency-and-domicile rule applies (NMSA 1978, § 40-4-5), and New Mexico must be the children's home state for the court to decide custody. File in the District Court of the county where you or your spouse lives. Confirm local filing practice with the clerk.
The official petition pleads incompatibility (NMSA 1978, § 40-4-1(A) and § 40-4-2) — New Mexico's no-fault ground for an agreed divorce. The statute lists other grounds, but incompatibility is the one these official forms use. If your spouse will not agree, this is not your packet.
The same no-waiting-period rule applies. Cases with minor children add three notarized closing documents filed together — the Marital Settlement Agreement (4A-301), the Custody Plan and Order (4A-302), and the Child Support Obligation and Order (4A-303) — plus a completed child-support worksheet attached to 4A-303 (use the official calculator at csc.nmcourts.gov or the § 40-4-11.1 statutory text; New Mexico publishes no static worksheet form). Wage withholding (4A-304) is mandatory unless the court finds good cause. You are not divorced until the judge signs the decree. Court schedules vary by county.
No. This packet is the agreed path for spouses who settle every issue. If your spouse will contest, consult a New Mexico attorney about the contested process.
No. ILRG provides self-help legal forms and information, not legal advice. Consult a New Mexico attorney if you have significant property, retirement accounts, business interests, safety concerns, or any disagreement about terms.