4A-201. Domestic relations forms for self-represented
parties; limited purpose of forms; cautions regarding use of
forms.
A. Pro se forms. Domestic Relations Forms 4A-201 to
4A-332 NMRA have been approved by the New Mexico Supreme
Court for use in the district court by people who are
representing themselves in uncontested divorce and paternity
cases. The forms will assist self-represented parties in
completing the paperwork necessary to complete most
uncontested dissolution of marriage cases and most
uncontested actions to lawfully establish paternity of one
or more children.
B. Responsibility of self-represented party. A self-represented person must abide by the same rules of procedure
and rules of evidence as lawyers. It is the responsibility
of self-represented parties to determine what needs to be
done and to take the necessary action. Those persons
seeking a divorce may need the advice of an attorney or
other appropriate professional during the process.
C. Issues not addressed. Domestic Relations Forms
4A-201 through 4A-332 NMRA do not address many issues,
including, but not limited to, the following:
(1) how to collect information regarding the
property, debts and income of the parties;
(2) the rights and obligations of married persons
before and after a divorce;
(3) federal and state tax treatment of income and
expenses both before and after a divorce or as a result of a
child support order;
(4) how to transfer title to property or assets;
or
(5) how to divide any retirement income. If the
parties are dividing retirement income, they must comply
with the requirements of the retirement fund.
D. Role of judge and clerk. Neither the judge nor
the clerk of the court will assist the parties in the
completion of the forms or with the issues described in
Paragraph C of this rule. Court clerks may provide the
parties with information about how to file these forms with
the court. The judge decides the issues in the case, but
cannot represent either party. The judge cannot and will
not give the parties advice about how to fill out these
forms.
[Approved, effective November 15, 2002.]