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State guide

New Mexico

Divorce, lawyers, and free legal help in New Mexico — verified against official sources.

How divorce filing works in New Mexico

New Mexico's courts run a Divorce Self-Representation page with step-by-step checklists for cases with and without children. Start there before anything else.

Official court site

New Mexico Courts — Divorce Self-Representation

Step-by-step checklists for divorce with or without children, from the courts.

nmcourts.gov — divorce self-help →

Find a divorce lawyer

State bar association

State Bar of New Mexico — I Need a Lawyer

General Referral Program: 30-minute consult for a $35 referral fee — 505-797-6066 or 1-800-876-6227. The NM Courts HelpLine ((855) 268-7804) can also point you the right way.

sbnm.org — i need a lawyer →

New to hiring a lawyer? Read Start Here first — it covers what to ask and what to bring.

Free or low-cost legal help

Legal aid

New Mexico Legal Aid

Statewide free civil legal help; intake 1-833-545-4357 (1-833-LGL-HELP).

newmexicolegalaid.org →
Official state hotline

Report Child Abuse or Neglect

Call 1-855-333-SAFE (7233), or #SAFE from a cell phone — NM Children, Youth & Families Department, Statewide Central Intake 24/7.

cyfd.nm.gov — child abuse & neglect →
Housing help

Housing New Mexico — Foreclosure Prevention

The NM Mortgage Finance Authority's Loss Mitigation department helps homeowners with payment trouble (submit a financial worksheet): (505) 843-6882. (The pandemic-era NM Homeowner Assistance Fund closed to new applications March 1, 2024.)

housingnm.org — foreclosure prevention →
Community help

Call 211

Free, confidential referrals to local help. Dial 211 from any phone.

211.org →
Community help

New Mexico Coalition Against Domestic Violence

The coalition's get-help page directs survivors to the National DV Hotline at 1-800-799-7233.

nmcadv.org →

Unpaid wages in New Mexico

Your boss owes you pay and won't hand it over? Here's where to file and how long you have in New Mexico.

File a claim

Where to go

New Mexico Department of Workforce Solutions, Labor Relations Division

Deadline

Time limit to file

3 years

Minimum wage

What the floor is

$12.00 (2026)

Learn more about unpaid wages in New Mexico →

Changing your name in New Mexico

Whether it's marriage, divorce, or just time for a fresh start — here's the process in New Mexico.

Process

How it works

petition the district court in your county

Cost

Typical court fee

varies by county — check your local court

Publication

Newspaper notice required?

yes (once a week for 2 consecutive weeks)

Learn more about changing your name in New Mexico →

Small claims court in New Mexico

Suing someone without a lawyer, for smaller amounts, in a simpler court. Here's how it works in New Mexico.

Limits

Maximum claim

$10,000

Cost

Filing fee

$25–$75 depending on claim size

Lawyers

Can you bring one?

yes — allowed, not required

Learn more about small claims court in New Mexico →

Clearing your criminal record in New Mexico

Expungement or sealing can hide eligible arrests and convictions from background checks. Here's where New Mexico stands.

Availability

Can records be cleared?

yes — expungement (Criminal Record Expungement Act)

Eligibility

What qualifies

arrests without conviction; most misdemeanors and felonies after sentence is complete

Timing

Waiting period

1 year for non-convictions; 2–10 years for convictions by severity

Learn more about clearing your criminal record in New Mexico →

Child support in New Mexico

How child support gets calculated — and when it ends — in New Mexico.

Calculation

How it's figured

income shares state guidelines worksheets via NM courts/HSD (NMSA section 40-4-11.1)

Duration

When it ends

age 18, or until graduation or age 19 if still attending high school

Learn more about child support in New Mexico →

Lemon law in New Mexico

Bought a new car that's constantly in the shop? New Mexico's lemon law may get you a refund or a replacement.

Coverage

Which vehicles qualify

new vehicles only (leases not covered; subsequent buyers covered while the original warranty lasts)

Threshold

When it's legally a lemon

4+ repair attempts or 30+ business days out of service within the express warranty term or first year

Remedy

What you get

refund (minus a reasonable mileage offset) or a comparable replacement vehicle

Learn more about the lemon law in New Mexico →

Tenant rights in New Mexico

Renting comes with rights most people never hear about until something goes wrong. Here are the key ones in New Mexico.

Eviction

Notice before eviction

30 days to end month-to-month; 3-day notice for nonpayment of rent

Security deposit

Deposit limits & return

Max 1 month's rent for agreements under 1 year; return within 30 days of termination or move-out (whichever is later), written itemized deduction list required

Repairs

When the landlord won't fix things

No repair-and-deduct statute; tenant may abate rent after 7-day written notice

Learn more about tenant rights in New Mexico →

DUI / DWI in New Mexico

Driving under the influence carries some of the stiffest penalties in everyday law. Here's how New Mexico handles it.

Legal limit

Blood alcohol (BAC) limit

0.08; aggravated DWI at 0.16

First offense

Typical penalties

Up to 90 days jail; up to $500 fine; license revocation 6-12 months

Prior offenses

How far back DUIs count

Lifetime (no time limit on counting prior DWI convictions)

Learn more about DUI / DWI in New Mexico →

Gun laws in New Mexico

Gun laws vary a lot from state to state — what's perfectly legal in one state can be a crime in another. Here's the big picture for this state. Laws change often, so double-check anything before you act.

Concealed carry

Carrying a concealed handgun

Permit required; shall-issue; minimum age 21

Open carry

Carrying openly

Generally allowed without a permit

Buying a gun

Background checks & waiting periods

Private sales: Universal background checks required (through a licensed dealer; family exemption) Waiting period: 7 days (struck down by 10th Circuit in 2025; enforcement disputed).

Red flag law

Extreme risk protection

Yes. Courts can temporarily order firearms removed from someone found to be a danger.

Out-of-state permits

Reciprocity

Recognizes concealed carry permits from about two dozen states with comparable licensing standards.

Learn more about gun laws in New Mexico →

Filming the police: your rights in New Mexico

Federal appeals courts across the country have recognized a First Amendment right to photograph and record police officers performing their official duties in public. The U.S. Supreme Court has not ruled on it directly. The right does not protect interfering with officers, trespassing, or breaking other laws while you record.

Audio recording

One-party consent

If you are part of a conversation, you may record it — including with police. (N.M. Stat. Ann. § 30-12-1)

Distance rules

No buffer-zone law

New Mexico has no law setting a minimum distance for filming police. You still must not interfere with officers doing their jobs.

The 10th Circuit (Irizarry v. Yehia, 2022), which covers New Mexico, held the First Amendment protects filming on-duty police in public and that the right was clearly established by 2019. Simply recording from a safe distance is not obstructing an officer (N.M. Stat. Ann. § 30-22-1), but physically interfering still can be.

Learn more about filming the police in New Mexico →

Drug & alcohol addiction help in New Mexico

Addiction is a health issue, and help is out there — including court programs that can send people to treatment instead of jail. No insurance needed to call.

24/7 helpline

SAMHSA National Helpline

Free, confidential referrals to treatment — call 1-800-662-4357 (English & Spanish).

State help

Treatment in New Mexico

Find treatment programs →

Drug court

Treatment courts in New Mexico

How drug courts work here →

Human trafficking victims in New Mexico

If you or someone you know is being forced to work or forced into sex against their will, you are a victim of a crime and help is available — immigration status does not matter.

24/7 hotline

National Human Trafficking Hotline

Call 1-888-373-7888 or text 233733 — free, confidential, for victims and anyone who suspects trafficking.

State resources

New Mexico trafficking resources

Official New Mexico resources →

Victim help

Help for victims in New Mexico

Find victim services →

Bullying in New Mexico

Every state has an anti-bullying law, and every school must have a plan. If your child is being bullied, document what happens and report it in writing to the school — and know what your state’s law requires.

Federal resource

StopBullying.gov

Official federal bullying-prevention hub →

Your state’s law

New Mexico anti-bullying law

How New Mexico law defines and handles bullying →

Homelessness help in New Mexico

If you are homeless or at risk of losing your housing, help is close by. Shelters, food, health care, and long-term housing programs exist in every community.

24/7 help

211 homeless services

Dial 211 and press 6 for homeless services in your area.

State help

New Mexico homelessness help

Official New Mexico resources →

State coalition

New Mexico homeless coalition

Statewide homelessness organization →

Veterans

VA homeless veterans

Homeless veterans: call the VA National Call Center at 1-877-424-3838 (877-4AID-VET), 24/7.

Deed fraud & squatters in New Mexico

Thieves can forge a deed to steal your home’s title — many counties offer free recording alerts that notify you if anything is filed against your property. And if someone is living in your property without permission, your state has specific rules for removing them: you generally cannot just change the locks.

National alert

FBI: protect your property from deed fraud

FBI Internet Crime Complaint Center alert on parcel-owner impersonation →