New Mexico Dissolution Checklist — Step-by-Step (2026)

Phase 1 — Pre-Filing Assessment

• Confirm residency: either party has lived in New Mexico for 6+ months
• Identify the District Court county (where either spouse has lived for 6 months)
• Classify all assets: community property (acquired during marriage) vs. separate property (pre-marital, gifts, inheritances)

Phase 2 — Financial Inventory

• All real estate: value, mortgage balance, community vs. separate
• Bank and investment accounts: balance, community vs. separate
• Retirement accounts: total balance; marital portion (contributions during marriage)
• Vehicles: values and loans
• All debts: creditor, balance, whether incurred during marriage
• Business interests (if any)
• Income documentation for both parties

Phase 3 — Draft the Marital Settlement Agreement

• All community real property addressed (who keeps or sale; buyout; refinancing; deed to NM County Clerk)
• All community financial accounts assigned
• Retirement accounts: QDRO for employer plans; IRA transfer language
• Vehicles assigned; title transfer
• All community debts assigned; indemnification
• Separate property clearly identified and retained by owner
• Spousal support: award with terms — or explicit waiver
• If children: legal custody, physical custody, Parenting Plan, child support per NM Guidelines
• Both spouses sign and notarize the MSA

Phase 4 — Complete Court Forms (nmcourts.gov/self-help-center)

• Petition for Dissolution of Marriage (one or both parties)
• Summons (if Individual Petition)
• Proposed Decree of Dissolution of Marriage
• Financial Disclosure Certificate (if required by your District Court)
• If children: Parenting Plan (required); Child Support Worksheet

Phase 5 — File at District Court

• File Petition + MSA at District Court Clerk
• Pay $135–$155 filing fee
• Receive case number
• If Individual Petition: serve Respondent; file Proof of Service
• No waiting period — schedule final hearing promptly

Phase 6 — Final Hearing

• Appear before District Court judge
• Judge reviews MSA and Parenting Plan
• Judge enters Decree of Dissolution of Marriage
• Obtain certified copies

Phase 7 — Post-Decree Steps

• Real estate deed: Quitclaim or Warranty Deed → New Mexico County Clerk
• QDRO for employer retirement plans
• Vehicle titles: NM MVD
• Name restoration: NM MVD → Social Security → financial accounts
• Beneficiary designations: life insurance, retirement, payable-on-death

Last reviewed: March 2026 | "Dissolution of Marriage" | "Incompatibility" | No waiting period | Community property 50/50 | MSA required | Parenting Plan required with children | NM County Clerk for deed recording | nmcourts.gov/self-help-center

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.