Bernalillo County Divorce Records
What Are Bernalillo County Divorce Records?
Divorce records in Bernalillo County are official legal documents that provide documentation of the dissolution of marriage between two individuals. These records are maintained pursuant to the New Mexico Domestic Affairs statute § 40-4-1, which governs divorce proceedings in the state. Divorce records typically consist of multiple documents filed throughout the divorce process, including the initial petition for dissolution of marriage, financial affidavits, property settlement agreements, and the final decree of dissolution.
The Second Judicial District Court in Bernalillo County processes and maintains divorce records as part of its jurisdiction over domestic relations matters. These records serve several important purposes:
- Legal proof of marital status change
- Documentation required for remarriage
- Evidence for name change processes
- Verification for Social Security benefits claims
- Supporting documentation for loan applications
- Required evidence for certain immigration matters
- Historical and genealogical research
Divorce records in Bernalillo County are categorized as vital records and court records simultaneously, with different components maintained by different government entities. The court maintains the case files containing all pleadings and orders, while the Bernalillo County Clerk records the final decree as an official county record.
Are Bernalillo County Divorce Records Public?
Bernalillo County divorce records have a complex public access status governed by the New Mexico Inspection of Public Records Act § 14-2-1. While the law establishes a presumption of openness for government records, certain privacy protections apply to divorce proceedings.
The public accessibility of divorce records in Bernalillo County varies by document type:
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Generally Public: Basic case information including parties' names, case numbers, filing dates, and the final judgment of dissolution are typically available to the public through the Second Judicial District Court.
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Limited Access: Certain sensitive documents within divorce files may be restricted, including:
- Financial affidavits and statements
- Child custody evaluations
- Psychological evaluations
- Documents containing Social Security numbers, financial account numbers, or children's identifying information
- Records sealed by judicial order
The New Mexico Supreme Court has established specific rules regarding court record access through Rule 1-079 NMRA, which balances public access rights with privacy concerns. This rule specifically addresses domestic relations cases and establishes protocols for protecting sensitive information.
Certified copies of divorce decrees have more restricted access and are typically only available to:
- The parties to the divorce
- Their legal representatives
- Individuals with a tangible legal interest (such as subsequent spouses in certain circumstances)
- Individuals with a court order authorizing access
How To Find a Divorce Record In Bernalillo County in 2026
Members of the public seeking divorce records in Bernalillo County may utilize several methods to locate these documents. The appropriate approach depends on the specific information needed and the requester's relationship to the case.
For case information and court documents:
- Visit the Second Judicial District Court Clerk's Office in person:
- Bring the names of the parties and approximate date of divorce if known
- Photo identification is required
- Complete a records request form
- Pay applicable search and copy fees
Second Judicial District Court
400 Lomas Blvd NW
Albuquerque, NM 87102
(505) 841-8400
Second Judicial District Court
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Submit an online request through the Domestic Relations Case Records Request Online Form provided by the Second Judicial District Court.
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Mail a written request to the court clerk's office including:
- Names of both parties
- Case number (if known)
- Approximate date of divorce
- Specific documents requested
- Self-addressed stamped envelope
- Payment for applicable fees
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Check recorded documents at the Bernalillo County Clerk's Office, which maintains final divorce decrees that have been recorded:
Bernalillo County Clerk's Office
One Civic Plaza NW, 6th Floor
Albuquerque, NM 87102
(505) 468-1290
Bernalillo County Clerk
- Request certified copies of the divorce decree from the court clerk if needed for legal purposes. Additional fees apply for certified copies.
How To Look Up Divorce Records in Bernalillo County Online?
Bernalillo County provides several digital resources for accessing divorce records online. These electronic systems offer convenient alternatives to in-person requests, though access levels and available information vary by platform.
The primary online resources include:
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Bernalillo County Clerk's Records Search:
- Visit the Bernalillo County Clerk's online records portal
- Select "Public Search" option
- Search by party name, recording date, or document type
- Select "Marriage/Divorce" in the document type field
- This system provides access to recorded final divorce decrees only
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New Mexico Judiciary's re:SearchNM Portal:
- Access the re:SearchNM system for court case information
- Registration is required for full document access
- Basic case information is available without registration
- Search by party name or case number
- View case dockets, scheduled hearings, and some filed documents
- Certain sensitive documents may be restricted
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Bernalillo County Metropolitan Court Records:
- Visit the Metropolitan Court public records portal
- Search by party name or case number
- Limited to cases handled by Metropolitan Court (not all divorce cases)
When using online systems, users should note:
- Not all divorce documents are available electronically
- Older records (generally pre-2000) may not be digitized
- Confidential or sealed records are not accessible online
- Document viewing or downloading may incur fees
- Official certified copies cannot be obtained online
How To Find Divorce Records for Free In Bernalillo County?
Members of the public seeking no-cost access to divorce records in Bernalillo County have several options available, though free access typically provides more limited information than paid services.
Free methods to access divorce records include:
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Public Access Terminals at the Courthouse:
- Visit the Second Judicial District Court's public access terminals
- Located in the court clerk's office at 400 Lomas Blvd NW, Albuquerque
- Available during regular business hours (8:00 AM - 5:00 PM, Monday-Friday)
- No fee for searching or viewing basic case information
- Printing fees may apply (typically $0.25-$1.00 per page)
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Basic Case Information via re:SearchNM:
- Access the public portal of re:SearchNM
- No registration required for basic case information
- Search by party name or case number
- View case status, party names, and hearing dates at no cost
- Document access requires registration and may incur fees
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Bernalillo County Clerk's Office Public Computers:
- Use public terminals at the County Clerk's Office (One Civic Plaza NW, 6th Floor)
- Search recorded divorce decrees at no cost
- Available during regular business hours (8:00 AM - 5:00 PM, Monday-Friday)
- Printing fees apply for copies
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Public Law Library Resources:
- Visit the New Mexico Supreme Court Law Library
- Located at 237 Don Gaspar Ave, Santa Fe, NM 87501
- Access legal research databases that may contain divorce case information
- Staff can provide guidance on searching public records
While searching records may be free, obtaining copies typically involves fees:
- Regular copies: $0.25-$1.00 per page
- Certified copies: $5.00-$15.00 per document
- Search fees may apply for staff-assisted searches
What's Included in a Divorce Records In Bernalillo County
Divorce records in Bernalillo County comprise a comprehensive collection of documents that chronicle the legal dissolution of marriage. These records typically contain several distinct components that document different aspects of the divorce proceeding.
A complete divorce file generally includes:
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Petition for Dissolution of Marriage:
- Names and addresses of both parties
- Date and location of marriage
- Statement regarding residency requirements
- Grounds for divorce (New Mexico is a no-fault state)
- Statement regarding children of the marriage, if any
- Preliminary property division proposal
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Summons and Proof of Service:
- Official notice to the respondent about the divorce filing
- Documentation showing the respondent received legal notice
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Response or Answer:
- Respondent's formal reply to the petition
- Agreement or disagreement with statements in the petition
- Counterclaims, if any
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Financial Disclosures:
- Sworn statements of income, assets, and liabilities
- Supporting documentation such as tax returns, bank statements
- Property valuations and appraisals
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Parenting Documents (if children are involved):
- Parenting plan outlining custody and visitation arrangements
- Child support worksheets and calculations
- Documentation of required parenting classes
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Settlement Agreements:
- Property division agreements
- Spousal support (alimony) arrangements
- Debt allocation agreements
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Final Decree of Dissolution of Marriage:
- Court's final judgment terminating the marriage
- Official division of property and debts
- Custody determinations and parenting time schedules
- Child support and alimony orders
- Name restoration orders, if applicable
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Post-Decree Motions and Orders (if applicable):
- Modifications to custody, support, or other provisions
- Enforcement actions
- Appeals documentation
The final decree is the most commonly requested document as it provides legal proof that the divorce was granted and outlines the court's final decisions on all matters related to the dissolution.
How To Get Proof of Divorce In Bernalillo County?
Individuals requiring official proof of divorce in Bernalillo County must obtain a certified copy of the Final Decree of Dissolution of Marriage. This document serves as legal verification that a divorce was granted and is commonly required for remarriage, name changes, and various administrative purposes.
To obtain certified proof of divorce:
- Request from the Second Judicial District Court:
- Submit a written request to the court clerk specifying the need for a certified copy
- Include case number (if known), names of both parties, and approximate date of divorce
- Provide photo identification
- Pay the certification fee (currently $5.00 per document plus $1.00 per page)
- Requests can be made in person, by mail, or through the online request form
Second Judicial District Court
400 Lomas Blvd NW
Albuquerque, NM 87102
(505) 841-8400
Second Judicial District Court
- Obtain a recorded copy from the County Clerk (if the decree was recorded):
- Visit or contact the Bernalillo County Clerk's Office
- Provide names of parties and approximate date of divorce
- Pay the certification fee (currently $5.00 per document)
- Recorded copies bear the County Clerk's certification
Bernalillo County Clerk's Office
One Civic Plaza NW, 6th Floor
Albuquerque, NM 87102
(505) 468-1290
Bernalillo County Clerk
- Request through an authorized third party:
- Submit a notarized authorization letter if someone else will retrieve the record
- The authorized person must present their own identification plus the authorization
- Attorneys of record may request certified copies without additional authorization
For divorces finalized in other New Mexico counties, requesters should contact the district court in the county where the divorce was granted. For out-of-state divorces, contact the appropriate court in that jurisdiction.
Can a Divorce Be Confidential In Bernalillo County?
While divorce proceedings in Bernalillo County are generally matters of public record, New Mexico law provides several mechanisms through which certain aspects of divorce cases may be kept confidential. These protections are governed by Rule 1-079 NMRA, which establishes procedures for protecting sensitive information in court records.
Confidentiality options in divorce proceedings include:
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Sealing Specific Documents:
- Parties may motion the court to seal particular documents containing sensitive information
- The court must find compelling reasons that outweigh the public's right of access
- Common documents sealed include financial affidavits, psychological evaluations, and custody evaluations
- The court applies a "least restrictive means" standard, sealing only what is necessary
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Redaction of Sensitive Information:
- Personal identifiers such as Social Security numbers, financial account numbers, and children's birthdates must be redacted from public filings
- Parties are responsible for ensuring proper redaction before filing
- Court staff may reject improperly redacted documents
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Confidential Domestic Violence Information:
- Address confidentiality for victims of domestic violence under the Confidential Substitute Address Act § 40-13B-1
- Protective orders may be included in divorce proceedings
- Safety concerns may justify additional confidentiality measures
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Complete Case Sealing:
- Rarely granted and requires exceptional circumstances
- Court must find that sealing the entire case is the only way to protect legitimate privacy interests
- Requires formal motion and hearing
- Even when granted, basic case information typically remains public
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Alternative Dispute Resolution Confidentiality:
- Mediation communications are confidential by statute
- Settlement negotiations may be kept confidential
- Final agreements incorporated into decrees become public unless sealed
Parties seeking confidentiality should consult with legal counsel early in the process, as confidentiality requests must typically be made proactively. Once documents become part of the public record, it becomes more difficult to remove them from public access.
How Long Does a Divorce Take In Bernalillo County?
The duration of divorce proceedings in Bernalillo County varies significantly based on multiple factors, including case complexity, level of agreement between parties, court caseload, and procedural requirements. The Second Judicial District Court, which handles Bernalillo County divorces, processes thousands of cases annually with varying timeframes.
Typical timeframes for different divorce scenarios include:
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Uncontested Divorces with Complete Agreement:
- Minimum waiting period: 30 days from date of service (statutory requirement)
- Typical processing time: 1-3 months total
- Factors affecting timeline: completeness of paperwork, court review backlog
- Default judgments may be entered after 30 days if properly served and no response filed
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Contested Divorces with Partial Agreements:
- Average duration: 4-8 months
- Typically involves limited hearings on specific disputed issues
- May require mediation under court rules
- Settlement often reached before final trial
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Highly Contested Divorces:
- Average duration: 9-18 months
- Cases involving complex assets, business valuations, or custody disputes
- Multiple hearings, discovery processes, and expert witnesses
- May involve temporary orders while case proceeds
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Divorces Involving Minor Children:
- Additional requirements extend timeline by 1-3 months
- Mandatory parent education program completion
- Possible custody evaluation process (adds 2-4 months)
- More detailed parenting plans required
According to the New Mexico Judiciary's statistical reports, the Second Judicial District Court resolves approximately 60% of domestic relations cases within 12 months of filing. Complex cases involving significant assets or contested custody matters frequently extend beyond this timeframe.
Procedural factors that may extend timeframes include:
- Discovery disputes requiring judicial intervention
- Motions for temporary support or custody
- Court continuances due to scheduling conflicts
- Judicial reassignments
- Expert witness availability
- Settlement negotiations
How Long Does Bernalillo County Keep Divorce Records?
Bernalillo County maintains divorce records according to a structured retention schedule established by the New Mexico Administrative Office of the Courts pursuant to the Public Records Act § 14-3-6. This schedule establishes different retention periods based on record type and historical significance.
The retention periods for divorce records in Bernalillo County are as follows:
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Case Files at the Second Judicial District Court:
- Complete case files: Permanent retention for all domestic relations cases
- Electronic case management records: Permanent retention
- Exhibits: Returned to parties after appeal period expires or maintained according to evidence retention schedules
- Recordings of proceedings: Minimum 10-year retention
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Recorded Documents at County Clerk's Office:
- Final Decrees of Dissolution recorded with the County Clerk: Permanent retention
- Index of recorded documents: Permanent retention
- Digital copies of recorded documents: Permanent retention
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Administrative Records Related to Divorce Cases:
- Docket sheets and indices: Permanent retention
- Judge's notes: Retained until no longer needed for reference
- Statistical reports: 5-year retention
- Financial records (payments, fees): 7-year retention after fiscal year close
The permanent retention of divorce case files reflects their significance as vital records with ongoing legal importance. While the physical storage methods may change over time (with older records potentially being microfilmed or digitized), the legal requirement to maintain these records permanently remains consistent.
Individuals seeking historical divorce records should note:
- Pre-1912 records (before New Mexico statehood) may be archived with the New Mexico State Records Center and Archives
- Records from approximately 1912-1980 may exist in paper form only
- More recent records are typically available in both paper and electronic formats
- Older records may require additional processing time to retrieve from archives
How To Get a Divorce In Bernalillo County
Individuals seeking to dissolve a marriage in Bernalillo County must follow specific procedures established by the Second Judicial District Court and New Mexico state law. The process varies depending on whether the divorce is contested or uncontested.
The general procedure for obtaining a divorce includes:
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Establish Residency Requirements:
- At least one spouse must have been a New Mexico resident for at least six months immediately preceding the filing
- File in Bernalillo County if either spouse resides there
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Prepare and File Initial Documents:
- Petition for Dissolution of Marriage
- Domestic Relations Information Sheet
- Temporary Domestic Order (automatically issued in cases with children)
- Filing fee payment or fee waiver application
Second Judicial District Court
400 Lomas Blvd NW
Albuquerque, NM 87102
(505) 841-8400
Second Judicial District Court
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Serve Documents on the Other Spouse:
- Personal service by sheriff or process server
- Acceptance of service signed by the respondent
- Alternative service methods if approved by the court
- File proof of service with the court
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Wait for Response Period:
- Respondent has 30 days to file a response (or 35 if served by mail)
- If no response is filed, petitioner may request a default judgment
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Complete Required Disclosures and Programs:
- Both parties must exchange financial disclosures
- Parents of minor children must complete a court-approved parenting class
- Mediation may be required for cases involving children
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Negotiate Settlement or Prepare for Trial:
- Parties may reach agreement on all issues through direct negotiation or mediation
- If agreement is reached, submit a Marital Settlement Agreement and Parenting Plan (if applicable)
- If no agreement, participate in court-ordered settlement facilitation
- Prepare for trial on contested issues
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Finalize the Divorce:
- For uncontested cases: Submit Final Decree for judge's signature
- For contested cases: Attend final hearing where judge will decide unresolved issues
- Receive signed Final Decree of Dissolution of Marriage
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Post-Divorce Actions:
- Record the Final Decree with the County Clerk if it involves real property
- Implement property transfers as ordered
- Update estate planning documents
- Change name on identification and accounts if applicable
Self-represented litigants can access forms and guidance through the New Mexico Courts Self-Help website.
How To Get Divorce Papers In Bernalillo County
Individuals initiating or responding to divorce proceedings in Bernalillo County have several options for obtaining the necessary legal forms and documents. The Second Judicial District Court provides standardized forms for many divorce situations, particularly for uncontested cases and those without complex assets.
Methods for obtaining divorce papers include:
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Download Forms from the New Mexico Courts Website:
- Visit the New Mexico Courts Self-Help Center
- Select "Divorce and Separation" from the topics menu
- Choose the appropriate packet based on circumstances (with/without children, contested/uncontested)
- Forms are available in both English and Spanish
- Instructions are included with form packets
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Visit the Court's Self-Help Center in Person:
- Located at the Second Judicial District Courthouse
- Staff can provide forms and procedural information (but not legal advice)
- Computers and printers available for accessing and printing forms
- Open Monday-Friday, 8:00 AM - 5:00 PM
Second Judicial District Court Self-Help Center
400 Lomas Blvd NW, 1st Floor
Albuquerque, NM 87102
(505) 841-6702
Second Judicial District Court
- Obtain Forms from Legal Aid Organizations:
- New Mexico Legal Aid provides forms and assistance to qualifying low-income individuals
- Law-La-Palooza and other free legal fairs offer form assistance periodically
New Mexico Legal Aid
301 Gold Ave SW
Albuquerque, NM 87102
(505) 243-7871
New Mexico Legal Aid
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Request Forms by Mail:
- Contact the court clerk's office with specific form requests
- Include a self-addressed stamped envelope
- Specify which forms are needed (petition, response, etc.)
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Consult with an Attorney:
- Private attorneys can prepare customized documents
- Limited scope representation may be available for document preparation only
- The State Bar of New Mexico offers referral services
Common divorce forms include:
- Petition for Dissolution of Marriage
- Summons
- Domestic Relations Cover Sheet
- Temporary Domestic Order
- Financial Disclosure Forms
- Marital Settlement Agreement
- Parenting Plan (for cases with children)
- Final Decree of Dissolution of Marriage
All forms must be completed accurately and completely before filing. Incomplete or incorrect forms may be rejected by the court clerk or cause delays in the divorce process.
Lookup Divorce Records in Bernalillo County
Public Records - Bernalillo County Metropolitan Court
Domestic Relations Case Records Request Online Form - Second Judicial District Court