_____________________________________
Petitioner
v. No. _____________
_____________________________________
Respondent
I, ____________________________ (person listed as
petitioner above), am the petitioner in this case and I am
married to _________________________ (person listed as
respondent above). We are married and wish to get a
divorce. We ask the court for a Final Decree of Dissolution
of Marriage ("final decree") granting us the divorce.
(Use applicable alternatives and complete.)
1. [One of us has] [Both of us have] been living in New
Mexico for at least the past six (6) months. Husband
lives in _________________ County. Wife lives in
________________ County. Venue is proper because one
of us lives in the county listed in the case caption
above.
2. We were married on __________________________ (date).
We are now incompatible.
3. We have thought carefully about our property, debts and
our duties to each other.
4. We understand that we are making very important
decisions that affect our rights and obligations. Both
of us have completed and signed a Verified Marital
Settlement Agreement ("agreement") and ask the judge to
accept our agreement. We understand that once the
judge signs the Final Decree of Dissolution of
Marriage, we will be ordered to do the things in the
agreement.
5. We each have gotten the help we thought was needed in
order to sign this document.
6. We each have copies of all documents filed with the
court. No one needs to serve any of the documents on
us. We agree that this court has power to make orders
about us in this case.
7. The agreement is a fair and complete division of our
assets and debts.
8. We have or are expecting ________ (total number) minor
[child] [children] from this marriage. We are filing
the Parenting Plan and Child Support Obligation
("parenting plan") at the same time as we file this
petition. The parenting plan is fair and complete.
9. Our children2 are: (You must include the name and the
date of birth for each minor child. You must also
provide each address of each child for the last five
(5) years. Use a separate sheet if necessary.)
Name: _____________________________________________
(Last name, first, and middle)
Date of birth: ___________________________________
Present address:
________________________________ (street)
________________________________ (city)
________________________________ (state and zip code)
Next previous address:
________________________________ (street)
________________________________ (city)
________________________________ (state and zip code)
Next previous address:
________________________________ (street)
________________________________ (city)
________________________________ (state and zip code)
Name: ________________________________________________
(Last name, first, and middle)
Date of birth: ____________________________
Present address:
________________________________ (street)
________________________________ (city)
________________________________ (state and zip code)
Next previous address (if applicable):
________________________________ (street)
________________________________ (city)
________________________________ (state and zip code)
Next previous address (if applicable):
________________________________ (street)
________________________________ (city)
________________________________ (state and zip code)
10. Our [child has] [children have] lived in New Mexico
since birth or for at least the past six (6) months.
(complete if applicable)
11. The following divorce, separation, order of protection,
child support, paternity, abuse or neglect, domestic
violence, termination of parental rights and adoption
cases have been previously filed by me, the respondent
or the state (list all cases):
Type of case: ______________________________
Year filed (if known): ______________________________
Case number (if known): ______________________________
Where filed: ______________________ (city)
______________________ (state)
______________________ (court)
Type of case: ______________________________
Year filed (if known): ______________________________
Case number (if known): ______________________________
Where filed: ______________________ (city)
______________________ (state)
______________________ (court)
12. Does anyone else other than you as parents of your
[child[ [children] have or say they have:
Custody of your [child] [children]?
[ ] Yes [ ] No
Visitation rights with your [child] [children]?
[ ] Yes [ ] No
If you answered both questions "No", go to next
section.
If you answered "Yes" to either question, complete the
following information:
____________________________________ (Name of person)
____________________________________ (Address)
____________________________________ (Name of person)
____________________________________ (Address)
13. We understand that once the judge signs the final
decree, we will be ordered to do the things we agreed
to do in the parenting plan.
When I sign here, I am telling the judge that I have read this document and agree with everything in it. I state upon
my oath or affirmation that this document and the statements
in it are true and correct to the best of my information and
belief.
_____________________________________3
Petitioner's signature
Address:
________________________________
________________________________
________________________________
Telephone: ______________________
_____________________________________3
Respondent's signature
Address:
________________________________
________________________________
________________________________
Telephone: ________________________________
STATE OF NEW MEXICO )
) ss.
COUNTY OF _______________ )
Acknowledged, subscribed and sworn to before me this _____
day of _____________, _____ by _________________, the
petitioner.
My commission expires: ______________________________
_____________________ Notary Public
STATE OF NEW MEXICO )
) ss.
COUNTY OF ________________ )
Acknowledged, subscribed and sworn to before me this _____
day of _____________, _____ by ____________________, the
respondent.
My commission expires: ______________________________
_____________________ Notary Public
1. Use this form if the husband and wife are
the parents of one or more minor children
or a child under 19 years of age attending
high school. Use Domestic Relations Form
4A-301 if there are no minor children. See
Domestic Relations Forms 4A-204 and 4A-205
NMRA for an explanation of the forms
required to be filed in an uncontested
divorce when there are children. Print or
type the information required to be
completed on this form. This form may be
downloaded from either of the following
judicial web sites: www.supremecourt.nm.org
"legal forms", "domestic relations forms"
or www.nmcourts.com, "Family Law Forms".
2. The statements regarding children are
required to comply with the requirements of
the Uniform Child-Custody Jurisdiction and
Enforcement Act ("UCCJA"). For provisions
of the Uniform Child-Custody Jurisdiction
and Enforcement Act, see Sections
40-10A-101 to 40-10A-403 NMSA 1978.
3. After completing this petition, both
husband and wife must sign their names
before a notary prior to filing the
petition with the court. A completed
Domestic Relations Information Sheet (for
self represented people), Domestic
Relations Form 4A-102 NMRA must also be
filed with this form.
[Approved effective November 15, 2002.]