Home New Mexico Uncontested Divorce Kit
2026 edition • Matched to current New Mexico Courts 4A-series formsNew Mexico Uncontested Divorce Kit
File on “Incompatibility” — New Mexico's no-fault ground — with the correct 4A-series forms for your situation.
- Core 4A filing packet, plus the custody, support and property add-ons your case triggers
- No fixed waiting period for an agreed case — the judge decides if a hearing is needed
- Free eligibility check before you pay anything
- Instant PDF download — $129 one-time, no subscription
Takes 2 minutes to check · no commitment
“I can't believe I almost paid a lawyer thousands for this. This kit had everything I needed.”
Olivia N. · Las Cruces, New Mexico
Is This Kit Right for You?
New Mexico requires 6 months' residency and a New Mexico domicile. This kit is built for fully agreed, no-dispute cases — check below to see if that's you.
Use this kit if:
- One of you has lived in New Mexico for at least 6 months and considers it your domicile.
- You agree the marriage is over due to incompatibility — New Mexico's no-fault ground; no one has to prove wrongdoing.
- You agree on dividing community property and debts, or have none to divide.
- You and your spouse are both willing to sign the Marital Settlement Agreement (and a Custody Plan and Child Support Obligation, if you have minor children).
Talk to a lawyer if:
- Neither of you has lived in New Mexico for 6 months, or neither is domiciled here.
- You disagree on child custody, support, or how to divide property and debts.
- You have complex property to divide — a business, a pension, or significant real estate.
- Your spouse can't be located, or won't participate at all — this needs a formal service or default strategy.
If any of these apply, New Mexico Courts' self-representation resources and your local legal aid office can point you toward help — this kit is not built for contested cases.
"Aren't the 4A forms free from the court?"
Yes — and you should use the current official versions. What the court doesn't hand you is a map of which of its dozens of 4A forms your specific situation needs. Here's what the $129 adds.
A checklist that tells you what you actually need
New Mexico's filing requirements branch depending on whether you have minor children and whether you have property or debts to divide. We tell you which 4A forms are always required and which only apply to you, instead of leaving you to piece it together from the court's form index.
A Marital Settlement Agreement you can actually finish
The MSA covers real property, personal property, debts, cash payments, and spousal support in one form. Our kit walks through each attachment (Personal Property, Real Property, Debt Lists) with a filled-in sample, since it's required in every New Mexico dissolution case.
Custody & child support done in the right order
If you have minor children, the Child Support Obligation and Order (4A-303) needs a completed child-support worksheet attached before the court will award the amount shown. We show you where to find the current worksheet and how it connects to wage withholding.
A 30-day refund
Free forms come with no support and no way back if you've spent a weekend on the wrong packet. If you buy the kit and your case doesn't fit the fully agreed track, email us within 30 days for a full refund.
What This Actually Costs You
New Mexico's filing fee is published statewide, but whether you also need a process server, mediation, or extra disclosure paperwork depends on your case. Here's every dollar, including the ones that aren't ours.
Far less than an attorney
New Mexico attorneys commonly quote well over a thousand dollars for an uncontested divorce — you keep the difference between that and our one-time kit price, shown alongside.
Can't afford the filing fee?
New Mexico Courts offer an Application for Free Process for filers who qualify, including those receiving public benefits. Our roadmap shows you where that form fits in.
Your Total Out-of-Pocket
Add a process-server or Sheriff fee if your spouse won't sign the paperwork cooperatively, and any mediation fee if you need help agreeing on custody, support, or property terms. The filing fee is published by the courts and can change; verify the current amount with your District Court clerk. A fee waiver (Application for Free Process) is available if you qualify. Attorney figure is an illustrative estimate, not a quote.
What's Inside the Kit
Matched to New Mexico's current 4A-series forms, with the conditional forms clearly marked.
Step-by-Step Roadmap
Plain-English steps from filing your Petition to submitting your Final Decree — including what changes if you have children, property to divide, or a spouse who won't cooperate.
Always-Required Documents
Every New Mexico dissolution needs these, regardless of your situation:
Custody & Child Support Packet
If you have minor children: the Custody Plan and Order (4A-302) and Child Support Obligation and Order (4A-303), with guidance on the required child-support worksheet and when wage withholding (4A-304) applies.
Property-Disclosure Guide
If you have separate and/or joint property: the income/expense statement (4A-212), community property and debts schedule (4A-214), separate property and debts schedule (4A-215), and the 45-day exchange deadline plus Notice of Compliance (4A-208).
Filing Path Explainer
The difference between the fully-agreed path (signed, notarized MSA and jointly signed decree) and the contested path (Summons, formal service, 30-day response window) — and what happens if your spouse doesn't respond at all.
What this kit does not include
- A guarantee that a judge waives your hearing, or that a clerk accepts your paperwork as filed — the court controls scheduling and can require additional steps
- Court filing fees, process-server fees, or mediation fees, which are paid separately
- Legal advice about your specific situation, or review of your completed documents
PlainDivorce is a private publisher, not affiliated with, endorsed by, or approved by the New Mexico courts. Always confirm current forms, fees, and local requirements with your District Court clerk before filing.
Built for filing in New Mexico District Courts statewide — including Bernalillo, Santa Fe, and Doña Ana counties.
Forms originate from official New Mexico Courts sources. PlainDivorce is not affiliated with, endorsed by, or approved by the New Mexico Supreme Court or any District Court.
How It Works
A roadmap from filing to a signed Final Decree — not a promised timeline, since court workload and case specifics vary.
File Petition
Download the kit. File your Domestic Relations Information Sheet and Petition with the District Court Clerk, and pay the filing fee shown alongside (fee waiver available if you qualify).
Involve Your Spouse
If they'll cooperate, they sign the MSA and Final Decree with you — no formal service needed. If not, you'll serve them formally; they then have 30 days to respond.
Put Terms in Writing
Sign the Marital Settlement Agreement (and Custody Plan/Child Support Obligation if you have children). Exchange property disclosures within 45 days if you have property to divide.
Submit Final Decree
Submit your Final Decree of Dissolution for the judge's signature. The judge may sign it without a hearing or may order you to appear — that call is the court's, not ours.
Simple Pricing vs. Lawyer Fees
| Feature | PlainDivorce Kit | Typical Lawyer |
|---|---|---|
| Total Cost | $129 | $2,000+ |
| Process Control | You set the pace (DIY) | Lawyer's schedule |
| Includes Forms? | Yes, matched to your situation | Yes |
Secure One-Time Payment · No Subscriptions
If the Fully Agreed Track Doesn't Fit, You Get Your Money Back
If you buy the kit and then discover your case involves a dispute this product isn't built for, email us within 30 days and we will refund you in full. We would rather lose the sale than have you file something that doesn't fit.
Refunds are handled by our support team. See our Terms of Use for full details.
What Our Clients Say
Real stories from people who used PlainDivorce to complete their own filing.
4.7 out of 5 based on 300+ customer reviews
Customer reviews are collected from purchasers and support conversations. Names may be shortened for privacy, and individual results vary by court, case facts, and filing requirements.
“I can't believe I almost paid a lawyer thousands for this. This kit had everything I needed.”
Olivia N.
Las Cruces
“Professional quality documents. Looked exactly like what a law firm produces.”
Emily F.
Roswell
“My judge signed off without any questions. Everything felt legitimate and organized.”
Evelyn U.
Rio Rancho
“I got through my divorce quickly and without spending thousands. Thank you!”
Daniel Q.
Rio Rancho
Frequently Asked Questions
What does "incompatibility" mean, and do I have to prove my spouse did something wrong?
No. Incompatibility is New Mexico's no-fault ground: under NMSA 40-4-2, it means the marriage relationship has been destroyed by discord or a conflict of personalities with no reasonable expectation of reconciliation. Misconduct, fault, or blame don't matter — you don't need to prove either spouse did anything wrong.
Is there a mandatory waiting period before the divorce is final?
There is no fixed universal wait for a fully agreed case. The "30 days" you may see referenced elsewhere is the window a served respondent has to answer, and the point after which a non-responding spouse becomes eligible for a default judgment — it is not a delay the court must observe before signing an agreed decree. If you have property or debts to divide, plan around the separate 45-day disclosure-exchange deadline instead.
What is the Marital Settlement Agreement, and is it really required?
Yes — a Marital Settlement Agreement (Form 4A-301) is required in every New Mexico dissolution case, not just complex ones. It covers how you'll divide property, personal belongings, debts, any cash payment, and spousal support. Once both of you sign it, or once the court signs your Final Decree, it becomes legally binding.
What if we have children together?
You'll file a Petition for Dissolution with Children (4A-103) instead of the no-children version, plus a Custody Plan and Order (4A-302) and a Child Support Obligation and Order (4A-303) with a completed child-support worksheet attached. Wage withholding for support is mandatory unless you agree otherwise or the court orders otherwise. Your Final Decree will be the with-children version (4A-306).
Do we have to disclose our finances even if we already agree on everything?
If either of you has separate and/or joint property, yes: both of you must exchange an Interim Income and Expenses Statement (4A-212), a Community Property and Debts schedule (4A-214), and a Separate Property and Debts schedule (4A-215) within 45 days, then file a Notice of Compliance (4A-208). Agreeing on the outcome doesn't remove this disclosure step.
Do I have to go to court?
Not necessarily, but it's the judge's call. For an uncontested case, the court may sign your Final Decree without further notice, or it may order you and your spouse to appear for a hearing. We can't promise which one you'll get.
What if my spouse won't sign, or I can't find them?
If your spouse won't cooperate but can be located, you'll file a Summons and have them formally served; they then have 30 days to respond. If more than 30 days pass with no response, you may be able to request a default judgment (Forms 4A-310 through 4A-314). If you genuinely can't locate your spouse, that's a situation to discuss with an attorney about alternate service.
What does this actually cost, in filing fees?
The published domestic relations filing fee is $137, payable by exact cash, cashier's check, or money order in most districts. If you can't afford it, you can file an Application for Free Process, especially if you already receive public benefits. Confirm the current amount with your District Court clerk, since court-set fees can change.
Aren't these forms free from the New Mexico Courts website?
Yes, and we say so plainly above. What the court doesn't give you is a clear map of which forms apply to your situation, a completed sample of the Marital Settlement Agreement, or a refund if it turns out your case has a dispute this kit isn't built for. That is what the $129 buys. If you're comfortable working it out from the court's website yourself, please do that instead.
What if it turns out my case isn't right for this kit?
Email support within 30 days and we will refund you in full. See our Terms of Use for details. We are not a law firm, cannot give legal advice, and cannot appear or file on your behalf — you file with your District Court clerk yourself.
Find out in 60 seconds whether the fully agreed track fits.
Answer a few questions about residency, agreement, and what's involved in your case. If it fits, you can download the kit immediately. If it doesn't, we'll tell you that instead.
Check Eligibility & Get the Kit$129 one-time · Instant PDF download · 30-day refund if it doesn't fit
Important Legal Disclaimer
PlainDivorce is not a law firm and is not affiliated with, endorsed by, or approved by the New Mexico Supreme Court or any New Mexico District Court. We do not provide legal advice, do not represent you in court, and no attorney-client relationship is created by using this site or the kit. The New Mexico Uncontested Divorce Kit is a self-help information product.
We do not guarantee that a judge will waive your hearing, that a clerk will accept your paperwork as filed, or a single total cost of your divorce. Court rules and fees change. As of September 2026 the published domestic relations filing fee is $137. You are responsible for verifying current requirements and fees with your District Court clerk before filing.
If you are experiencing domestic violence or feel unsafe, do not use a self-help kit to negotiate. Contact a New Mexico legal aid organization or a family law attorney.
Content last reviewed: September 2026.