Are Divorce Records Public in New Mexico?
Divorce records in New Mexico fall under the umbrella of public records, which means they can be accessed and viewed by almost anyone. However, while members of the public can access and view New Mexico divorce records, not everyone can acquire certified copies of a New Mexico divorce record. Access to certified copies of a divorce record is restricted to:
- Registrants, i.e, the divorced individuals named in the record
- Adult children of the registrants
- Parents or legal guardians of the registrants
- Authorized legal representatives of the registrants
Sealed divorce records are divorce records that have been filed under seal as a result of court orders. As a result, parts of the divorce records will be restricted, and the entire records will no longer be freely available to be viewed by members of the public.
To have a divorce record sealed in New Mexico, both parties in the divorce must agree to this decision. If either party opposes the sealing of divorce records, an order will not be issued. Following mutual consent, both parties then need to file a motion to have the divorce records sealed with the court. A motion to seal divorce records is not granted by default. The parties filing the motion are required to provide cogent reasons for the motion to be granted. Thereafter, the judge reviewing the motion can decide to deny or grant it. New Mexico judges are more likely to grant motions to seal divorce records if the divorced parties can prove that doing so will:
- Protect the identities of victims of domestic violence or abuse
- Protect the identities of minor children
- Prevent false information that may cause undue harm from entering the public domain.
- Protect records containing trade secrets or issues of national security
- Prevent sensitive business or personal information from getting into the public domain
New Mexico law regarding the sealing of public records mandates that only sensitive information will be redacted from public disclosure. The rest of the record will remain public. This should be taken into consideration when filing the motion. The motion should be adapted to accommodate this provision, or the motion will most probably be denied.
If the motion is granted, then all the sensitive portions of the record will be redacted even when the records are still available to the public.
New Mexico divorce records are all official documents describing the processes leading to and verifying the dissolution of marriages as recorded in the state. These documents can be vital records or case files produced in divorce court proceedings. Generally, there are three types of divorce documents: divorce records, divorce decrees, and divorce certificates.
New Mexico Divorce Record
A New Mexico divorce record is the complete case file of the proceedings that terminated a marriage in New Mexico. It includes case files as well as final judgments and all motions, orders, and reports filed during the divorce case. Divorce records are considered court records. They may, therefore, be searched on third-party public record websites. Divorce records can offer personal information on minors, finances, and sensitive criminal information like domestic abuse.
Understanding the New Mexico Divorce Certificate
A divorce certificate is a public document that presents basic information about a marriage that has been terminated in a state. Divorce certificates are usually issued by a state’s Department of Health and do not provide detailed information about divorce judgments.
The basic information contained in a divorce certificate includes:
- Names of the couple who obtained the divorce
- Where the divorce was granted
- When the divorce judgment was issued
- Court case number
Understanding New Mexico Divorce Decree
A New Mexico divorce decree is a document issued by a court in New Mexico that signifies a marriage has been officially terminated. It contains the judgment delivered by the court and will comprise all the details of the marriage termination. It will also include terms of the settlement reached by all the parties, including details about:
- Spousal support
- Mutual property and assets division
- Custody of minor children
- Visitation rights
- Child support payments
In New Mexico, a divorce decree is retained by the Clerk of the District Court in the county where the court order was filed. A copy of the divorce decree will be received by both parties in the divorce at the conclusion of the case.
How Do I Obtain a New Mexico Divorce Decree?
A New Mexico divorce decree is available from the District Court located in the county where the divorce was granted. At the conclusion of the divorce proceedings, both parties to the divorce will receive a copy of their divorce decree. This is typically through their attorneys, who, as officers of the court, will receive copies of the divorce decree.
To obtain a certified copy of a divorce decree in New Mexico, the eligible applicant must submit a written request to the Clerk of the District Court. Persons authorized to receive certified copies of a divorce decree are the two divorced individuals, their immediate family, and legal representatives of record. These individuals can submit their requests by mailing them to the Clerk of the District Court. It is also possible to request this record in person by visiting the Clerk’s Office in the District courthouse where the decree was issued. New Mexico District Clerks’ Offices charge nominal fees for searching and making copies of divorce decrees. A requester must also provide the following information:
- Names of both persons registered on the record, including maiden names (if applicable)
- When the divorce judgment was issued
- Where the divorce was finalized
The District Court typically sets the fee to be paid, which may vary across the judicial districts.
To facilitate public access to court records, the State of New Mexico provides an online Case Lookup tool on its judicial website. Records of divorces that have been finalized in New Mexico can be searched online using this service. Members of the public will be able to use this tool to search, view, and possibly download divorce records in the state. The New Mexico Judicial website also provides an online request form for records created prior to 1997.
Government public record search portals and third-party public record websites may provide court records search tools, which can help find divorce records, though record availability usually varies widely. Divorce records, in particular, may simply not be available through either source.
How Do I Obtain a New Mexico Divorce Certificate?
Divorce certificates are government documents that are provided, upon request, by a State’s Department of Health. Divorce records are not received by the New Mexico Department of Health, and as such, the Bureau of Vital Records and Health Statistics does not issue divorce certificates.
How to Find Out if Someone is Divorced in New Mexico
Generally, accessing divorce records largely depends on the person trying to find such information and the required details. As much as these records are considered public, inspection is strictly guided by state laws, limiting the degree of information divulged and ensuring that citizens’ rights and safety are of topmost priority. Repository for court records and Verifying the divorce status of an individual can happen in two major ways.
Firstly, there are third-party websites that provide public records to the public, and this might be a good jump-off point. This can be a helpful tool for running a background check on a person of interest, especially when there is a need to be discreet otherwise, the most legitimate way of accessing a person’s divorce records is to ask them for it. In addition, bear in mind that the information accessed on these third-party sites may not be as detailed and accurate as one may desire it to be. At best, the results would return the names of the couple, the date, and the place of divorce.
In New Mexico, divorce records are not exactly open for public access as such, they can only be available to authorized persons, which include the subjects of records, their legal representatives, and government agencies as approved by the appropriate courthouse.
How to Find Public Divorce Records Online
In New Mexico, there are two major ways of finding divorce records online. The state judiciary has created an online tool known as case lookup, which specifically grants access to records of divorce cases that have been finalized.
On the case lookup page, there are two methods of searching for records. The first is by performing a name search using any combination of name, date of birth, or driver’s license information. The second category of search is by using the case number, inputting court type, court location, and case category.
Another method for finding online divorce records is by using third-party sites where public records are maintained. The search is carried out by providing the names of spouses, their dates, and the venue of divorce. Note that the copies of divorce records obtained through these online portals are very limited in scope and would mostly be informational, making them more useful for research purposes. Most of the information available online may include the ex-spouses’ full names, the location of marriage, the location of divorce, the date of divorce, and the reason for divorce (e.g., abandonment, mistreatment, or irreconcilable differences).
Other details, such as child support and custody agreements, property division, etc., can only be obtained at the courthouse where the marriage was dissolved. Getting certified copies of divorce decrees in New Mexico can only be done at the courthouse where the divorce proceeding took place, and access is only granted to eligible persons.
Does New Mexico Recognize Common-Law Marriage?
New Mexico common-law marriages aren't recognized by the state. However, couples who marry in another state that recognizes common law marriage, such as Kansas, will be considered married and have the same rights as couples who marry legally in the state.
Common-law marriage is an informal type of marriage that happens when two people who live together present themselves to the public as married. To be legally married in New Mexico, couples must first acquire a court license and then conduct a traditional ceremony in the presence of eyewitnesses and an officiating priest joining them.
What is the Dissolution of Marriage Records?
Dissolution of marriage is mostly used interchangeably with divorce hence the possibility of assuming them to mean the same thing, but these concepts actually have a slight difference worthy of note. Divorce involves the legal action of one party motioning for the termination of marriage with another by serving them with the requisite documents and involving the court to preside over the process until it issues a final decree.
A dissolution of marriage, on the other hand, involves a mutual agreement between a couple who have agreed to dissolve their marriage and have reached a consensus on all areas of settlement, including child care and support, property division, alimony, and every other peculiarity of the concerned marriage. In a marriage dissolution, it is possible to proceed without employing the services of an attorney, even though it is highly recommended that in all marriage dissolution processes, the counsel of a lawyer be sought.
Dissolution of marriage records refers to all the case files or documents that capture the details of the processes involved in dissolving a marriage. These files may include a divorce certificate or decree, child support and custody documents, property division documents, debts, and every other facet of the case.
How to Find Dissolution of Marriage Records in New Mexico
In New Mexico, the state vital records department does not keep any records on the dissolution of marriage. Instead, records are filed and preserved at the county court where the case was handled. Every county within the state keeps its own marriage dissolution records and is mandated to make these records available to the public under the state statutes in keeping with the strict guidelines that permit inspection or copying.
The New Mexico judiciary maintains a page on its official website with a list of all the county courts in the state, with details on the physical address and web addresses where applicable. This service enables anyone looking for directions to locate any court of interest within the state.
Another approach to finding marriage dissolution records is by consulting third-party websites, which in most cases would only offer basic information about a divorce case. This method is most convenient for finding out the divorce status of a person but may not provide all the details needed to make an informed decision about a person’s identity and character.
