Doña Ana County, New Mexico Divorce Filing Fee
The court filing fee to file for divorce in Doña Ana County is $137.
Official Filing Fee in Doña Ana County
| Fee Item | Amount |
|---|---|
| Divorce petition filing fee | $137 |
| Sheriff / certified mail service | $15–$75 |
| Certified copy of final decree | $5–$25 |
| Post-decree motions (if needed) | $50–$200 each |
Source: New Mexico Statutes Annotated § 34-6-6.
About Divorce Fees in Doña Ana County, New Mexico
The divorce filing fee in Doña Ana County is $137. This is the same fee charged throughout New Mexico, as the state legislature sets a uniform filing fee under New Mexico Statutes Annotated § 34-6-6. You will pay this amount regardless of which county courthouse you use in New Mexico.
When you file your divorce petition, the clerk will collect this fee upfront before your case is opened in the court docket. The fee covers administrative costs — docketing, record maintenance, issuance of summons, and one certified copy of your final decree of divorce.
The filing fee is only one component of total divorce costs. If your spouse must be served by the sheriff's office or a private process server, that adds another $15–$75. Attorney representation (if you choose to hire one) is separate and typically runs $150–$400 per hour in New Mexico. For an uncontested divorce with no property disputes, many people complete the process for $300–$800 total including filing and service.
How to File for Divorce in Doña Ana County
- 1Confirm residency requirementsNew Mexico requires you to have been a resident for a set period before filing. Confirm your county's residency rule with the clerk or the New Mexico family code.
- 2Prepare your divorce petitionDownload the official forms from the Third Judicial District Court (Doña Ana County) website or pick them up at the courthouse. The petition (Complaint for Divorce or Petition for Dissolution of Marriage) describes the grounds, property, and any child-custody arrangements.
- 3File at the courthouse and pay the feeBring your completed forms to the Third Judicial District Court (Doña Ana County) at 201 W. Picacho Ave., Las Cruces, NM 88005. Pay the $137 filing fee by cash, check, or credit card (confirm payment methods with the clerk). You will receive a case number.
- 4Serve your spouseYour spouse must be formally notified (served) with the divorce papers. Options include sheriff service ($15–$75), certified mail, or a private process server. Your spouse then has a set number of days to respond.
- 5Negotiate or attend hearingsIf both spouses agree on all terms (uncontested), you submit a Marital Settlement Agreement. If not, the court will schedule hearings and, potentially, a trial.
- 6Obtain your final divorce decreeOnce the judge signs the final decree, you are legally divorced. Request a certified copy from the clerk ($5–$25 extra) for your records — you will need it to update financial accounts, social security, and other records.
Can't Afford the Fee? How to Get It Waived
Every New Mexico court must provide a fee waiver process. Filing an Affidavit of Indigency (also called an In Forma Pauperis application) allows the court to waive the $137 filing fee if you qualify.