What if I Cannot Afford the Filing Fee? Applying for Free Process in New Mexico

When you file for divorce, you will be required to pay a filing fee of $137. If you cannot afford the fee to file for divorce, you may ask the Court to allow you to file for free or at a reduced rate. The Court will decide whether your request for free process will be granted. Below is an outline of the qualifications considered by the Court when reviewing an Application for Free Process.

First, if the individual applying for Free Process to file for divorce is a current recipient of aid from the state or federally administered public assistant program, the Court will typically grant the Application for Free Process. These programs may include:

  • Temporary Assistance for Needy Families (TANF),
  • General Assistance (GA),
  • Supplemental Security Income (SSI),
  • Disability Security Income (DSI),
  • Department of Health, Case Management Service (DHMS),
  • Food Stamps,
  • Medicaid, or
  • Public Assisted Housing,

Second, if the individual applying for Free Process to file for divorce can show that his or her annual gross income does not exceed one hundred eighty-five percent (185%) of the current federal poverty guidelines established by the United States Department of Labor, the Court will typically grant the Application for Free Process.

To request free process, you must file the Application for Free Process (Form 4-222) and an Order for Free Process (Form 4-223). The Court may decide your application for free process based on these documents and without scheduling a hearing. The Court may waive the entire filing fee or allow you to file for divorce at a reduced rate. If your application for free process is denied, you may request a hearing for reconsideration.

If you have any questions about free process, click-here to set up a free 15-minute consultation an attorney.   In the consultation, our attorneys can explain the Application for Free Process.  In addition, our attorney can explain the process for a divorce case, including how to file an application, how the divorce is finalized, and what decisions must be made about your children.

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