New Mexico Divorce Filing Fee
Court costs to file for divorce in New Mexico: base filing fee, service of process, and any county clerk surcharge.
New Mexico divorces typically cost 46% less than the national average of $12,900.
New Mexico fee schedule
| Base filing fee range | $137 - $137 |
| Service of process fee | $55 |
| County clerk surcharge | Varies by county |
| Total minimum | $192 |
| Total maximum | $192 |
Last verified: January 2025. For self-help and exact local fees, see the New Mexico court self-help center.
Filing fee details
Locked to New Mexico on this page.
Pick your county for an exact filing fee, or leave blank to see the state-wide range.
This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.
New Mexico county filing fees
Filing fees for the largest counties in New Mexico. Confirm with the local clerk before filing, as fees can change.
| County | Filing Fee | Surcharge | Total | Notes |
|---|---|---|---|---|
| Bernalillo | $135 | $20 | $155 | Albuquerque area. |
| Dona Ana | $135 | $20 | $155 | Las Cruces area. |
| San Juan | $135 | $20 | $155 | Farmington area. |
| Sandoval | $135 | $20 | $155 | Rio Rancho area. |
| Santa Fe | $135 | $20 | $155 | Santa Fe area. |
Filing fee is the base petition cost. Surcharge covers any county-level add-on (CCRC, court technology, domestic relations surcharge, etc.). Total is what you pay the clerk before service of process.
Filing Fees in New Mexico - Frequently Asked Questions
How much does it cost to file for divorce in New Mexico?
Filing for divorce in New Mexico typically costs $192 to $192 in court fees. This includes the base filing fee ($137 to $137), service of process ($55), and any county clerk surcharge.
Are there fee waivers for divorce filings in New Mexico?
Yes. New Mexico courts allow filers who cannot afford the fees to apply for a waiver, sometimes called an in forma pauperis (IFP) or fee waiver application. Approval is typically based on receipt of public assistance, income below a court-set threshold, or documented hardship. Applications are submitted to the court clerk along with the divorce petition.
Does it cost more to file a contested divorce in New Mexico?
The initial filing fee in New Mexico is the same regardless of whether the case is uncontested or contested. The difference shows up in motion fees, hearing fees, and attorney costs as the case progresses. Each contested motion typically adds $30 to $100 in court fees, plus the attorney time to draft and argue it.
Are filing fees the same in every county in New Mexico?
Filing fees in New Mexico are set by state statute, but counties can add their own surcharges and processing fees. The fees shown here use New Mexico's statewide range. Confirm the exact fee with your county clerk before filing, particularly in larger metropolitan counties.
When are divorce filing fees due in New Mexico?
Divorce filing fees in New Mexico are due at the time you submit your petition. Most courts accept cash, check, money order, and credit cards (with a small processing fee). If you are pursuing a fee waiver, submit the waiver application together with the petition. The clerk will not accept the filing without payment or an approved waiver.
This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.