New Mexico Dissolution Without Children (2026)

With no minor children, a New Mexico agreed dissolution focuses entirely on dividing community property, community debts, and deciding on spousal support. With no waiting period, this can be one of the faster processes in the country.

Overview

The Agreed Dissolution Process (No Children)

1. Complete a thorough inventory of all community and separate property
2. Draft and finalize the Marital Settlement Agreement
3. Both spouses sign and notarize the MSA
4. File the Petition and MSA at District Court
5. Pay $135–$155 filing fee
6. Serve Respondent (or file acceptance of service)
7. Attend final hearing; judge approves MSA; Decree entered

Marital Settlement Agreement — What to Cover (No Children)

All Community Real Property

For each property:

• Legal description; agreed FMV; mortgage balance; community equity
• Assignment: one spouse keeps (buyout; refinancing deadline; fallback; Quitclaim Deed → NM County Clerk) or sale (split; timeline)

Community Financial Accounts

• Each account: institution, type, balance; assignment

Retirement Accounts

• QDRO for employer plans (community portion from marriage to separation)
• IRA: transfer incident to dissolution (Decree language; direct to IRA custodian)
• NM PERA: domestic relations order after Decree

Vehicles

• Assignment; who assumes loan; NM MVD title transfer

All Community Debts

• Creditor, balance, who assumes, indemnification

Spousal Support

Award with amount, duration, and terms — or explicit waiver: "Each party waives any and all claims for spousal support, now and forever."

Separate Property Acknowledgment

State each spouse's separate property and confirm it remains with that spouse.

What If We Can't Agree?

If you and your spouse cannot agree on community property division, the court applies the 50/50 rule strictly. A contested case requires court hearings and is significantly more complex and expensive. Mediation is often effective for reaching agreement before litigation.

Last reviewed: March 2026 | "Dissolution of Marriage" | No waiting period | Community property 50/50 | MSA required | Spousal support discretionary, no formula | NM County Clerk for deed recording | nmcourts.gov/self-help-center | nmlegalaid.org

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