Reviewed August 2026
Uncontested Divorce Checklist in New Mexico
A New Mexico divorce is uncontested when both spouses agree on incompatibility as the ground. They also need to resolve property, debt, and, if they have children, custody and support before the case is decided. New Mexico's courts publish a standardized, statewide set of forms for exactly this situation. The forms split into Packet C for couples without minor children and Packet D for couples with them. That makes New Mexico one of the more form-driven uncontested processes among the pilot states. New Mexico has no separate summary dissolution statute with marriage-length or asset caps. The eligibility test is simply full agreement on every issue. Once the paperwork is complete and filed, New Mexico's uncontested process moves unusually fast. A district court can sign the final decree in about a week to ten days, often without a hearing.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how uncontested divorce checklist works under New Mexico law for people researching before they file. It is not legal advice, and Virdix does not prepare or file New Mexico paperwork. See how Virdix works for California divorces.
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What makes a New Mexico divorce uncontested
A case is uncontested when both spouses agree the marriage should end. They also need a signed Marital Settlement Agreement resolving property division, debt, and, for couples with children, custody and a support arrangement. New Mexico's standard petition form pleads incompatibility as the ground. Three fault grounds still remain on the books: cruelty, adultery, and abandonment. But the official forms steer self-represented filers toward the no-fault ground instead. At least one spouse must have resided in New Mexico for six months before filing, with a genuine New Mexico domicile.
Packet C and Packet D eligibility
New Mexico's uncontested divorce packets are not gated by marriage length, income, or property value. The only real requirement is complete agreement. Both spouses sign a Marital Settlement Agreement. Couples with children also finalize a parenting plan, a child support worksheet, and a wage withholding order before submitting the packet. Packet C covers couples with no minor children. Packet D covers couples with minor children and includes the additional custody and support documents. Both packets belong to New Mexico's mandatory, Supreme Court-approved Domestic Relations Forms, which supersede any conflicting local court forms.
Document checklist
A New Mexico uncontested filing includes a Domestic Relations Information Sheet and the Petition for Dissolution of Marriage. That is form 4A-102 for couples without children, or 4A-103 for couples with children. The filing also needs a signed Marital Settlement Agreement and a proposed Final Decree. Couples with children add a Custody Plan, a Child Support Obligation worksheet, and a Wage Withholding Order. Filers who cannot afford the roughly $137 filing fee submit Form 4-222, the Application for Free Process. That is New Mexico's term for a fee waiver, filed with the corresponding proposed order, Form 4-223.
Is a hearing required
Often not. Once the completed Marital Settlement Agreement and proposed Final Decree are submitted in an uncontested Second Judicial District case, a judge can sign the Final Decree in roughly seven to ten business days. This frequently happens without either spouse appearing at a hearing. That is faster than most states' uncontested processes. But practice can vary by judicial district. Filers should confirm the local expectation with the district court where they file, particularly outside Bernalillo and Santa Fe counties.
Sources: New Mexico Courts Self-Representation, Divorce, Packet C, uncontested divorce forms and instructions (no minor children)
Not independently confirmed
- Whether the roughly 7 to 10 business day turnaround without a hearing applies uniformly outside the Second Judicial District (Bernalillo County)
- Full statutory text of the three fault grounds under NMSA 1978 Section 40-4-1 was not independently re-verified from a live primary compiler source this pass
Uncontested Divorce Checklist in New Mexico: frequently asked questions
What qualifies a New Mexico divorce as uncontested?+
Both spouses agree on incompatibility as the ground and sign a Marital Settlement Agreement covering property, debt, and, for couples with children, custody and support. At least one spouse must have lived in New Mexico for six months before filing, with a genuine New Mexico domicile.
What are Packet C and Packet D in New Mexico?+
They are New Mexico's Supreme Court-approved self-help divorce packets for fully agreed cases. Packet C covers couples with no minor children. Packet D covers couples with minor children and adds a parenting plan, child support worksheet, and wage withholding order to the petition and settlement agreement.
Is there a marriage length or income limit to use New Mexico's uncontested packets?+
No. Unlike some states' summary dissolution statutes, New Mexico does not cap eligibility by marriage length, income, or property value. The only requirement is that both spouses agree on every issue and sign the required Marital Settlement Agreement and related documents.
Do we have to go to a hearing for an uncontested New Mexico divorce?+
Often not. In an uncontested Second Judicial District case, a judge can sign the Final Decree within about seven to ten business days of the completed paperwork being submitted, often without a hearing. Confirm the specific practice with the district court where you file, since it can vary by district.
What form do I file for an uncontested divorce in New Mexico?+
Form 4A-102 NMRA, Petition for Dissolution of Marriage, for couples without children, or Form 4A-103 NMRA for couples with children. Both belong to New Mexico's mandatory, numbered Domestic Relations Forms set, filed together with a Domestic Relations Information Sheet and the signed settlement agreement.
What if we can't afford the New Mexico filing fee?+
File Form 4-222, the Application for Free Process, New Mexico's version of a fee waiver, along with Form 4-223, the corresponding proposed order. New Mexico uses the term free process rather than fee waiver or in forma pauperis, worth knowing when you search the court's site.
This page is general information about uncontested divorce checklist in New Mexico, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with New Mexico's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in New Mexico. Virdix does not prepare or file New Mexico divorce paperwork. It is not a substitute for an attorney licensed in New Mexico.
More New Mexico divorce guides
Virdix currently serves California and Florida
In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in New Mexico, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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