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To file for divorce in New Mexico, you or your spouse must be a resident of the county in which you file, and you or your spouse must have resided in the state for a minimum of six months. To be exact, you or your spouse must have a domicile in New Mexico as defined by Section 40-4-5 NMSA 1978.

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New Mexico has a unique provision that the person filing for divorce must serve the papers to the other party. The court or sheriff will not serve the papers for you. The paperwork must be served to the other party. The person who serves the court paperwork must be 18 or older and not be a party to the divorce proceeding. You or someone you trust must deliver the summons packet to the respondent as required by Rule 1-004(F) NMRA. It is solely YOUR responsibility to have the summons packet served to your spouse and provide proof that the service was completed.