New Mexico Dissolution When Your Spouse Won't Cooperate (2026)

If your spouse won't cooperate, file an Individual Petition alleging incompatibility. Serve the Respondent. If they do not respond, proceed to default.

Individual Petition — Overview

1. File a Petition for Dissolution of Marriage at District Court
2. Serve the Respondent
3. Respondent has 30 days to file an Answer (or Entry of Appearance)
4. If no response: proceed to default
5. If response filed: contested case — mediation or hearing

Service Options

Option 1 — Acceptance of Service

Ask your spouse to sign a written Acceptance of Service or Waiver of Service. Even uncooperative spouses sometimes cooperate on this step.

Option 2 — Sheriff's Service

Sheriff's office of the county where the Respondent lives. File the Return of Service with the court.

• Cost: ~$30–$70

Option 3 — Process Server

Private process servers available in New Mexico. Often faster than sheriff service.

Option 4 — Publication

If you cannot locate your spouse after diligent search:

1. File Affidavit of Diligent Search
2. Court authorizes service by publication
3. Publish in a newspaper of general circulation for the required period
4. File Affidavit of Publication
5. Cost: ~$100–$250

Publication divorces may not provide jurisdiction for property division — consult an attorney.

After Service — Response Deadline

30 days after personal service for the Respondent to file a response. If no response: file a Motion for Default (or request clerk's default, depending on district).

Default Process

1. Motion for Default filed and granted
2. Schedule default final hearing
3. No waiting period — hearing can be scheduled promptly
4. Present evidence of incompatibility and facts supporting your proposed MSA terms
5. Judge enters Decree of Dissolution of Marriage by default
6. Judge rules on all community property division, spousal support, and custody based on your evidence

Temporary Orders

During a contested dissolution, file a Motion for Temporary Orders for:

• Temporary spousal support
• Exclusive use of community home
• Temporary custody and child support (if children)
• Restraining order against dissipation of community assets

Last reviewed: March 2026 | Individual Petition | Service required | 30-day response deadline | No waiting period | Default after 30 days | Community property 50/50 applies | Temporary orders available | nmcourts.gov/self-help-center

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