Fillable Printable Final Decree of Dissolution of Marriage with Children - New Mexico

Final Decree of Dissolution of Marriage with Children - New Mexico

4A-306. Final decree of dissolution of marriage (with children).

STATE OF NEW MEXICO

COUNTY OF __________________________

____________________ JUDICIAL DISTRICT

_____________________________________

Petitioner,

v. No. __________

_____________________________________

Respondent.

FINAL DECREE OF DISSOLUTION OF MARRIAGE

(with children)

This matter was brought before the Court to enter a Final Decree of Dissolution of

Marriage by Petitioner and Respondent (“the parties”).

The following documents are referenced in this decree:

[ ] A Marital Settlement Agreement (select only one),

[ ] signed and filed by the parties, that settles the claims related to their

marital relationship;

(Or)

[ ] attached as Exhibit A, because the parties did not agree on the terms of a

Marital Settlement Agreement;

[ ] A Custody Plan and Order (select only one),

[ ] signed and submitted by the parties, that sets out the custody of their

children;

(Or)

[ ] attached as Exhibit B, because the parties did not agree on the terms of a

Custody Plan;

[ ] A Child Support Obligation and Order, including a child support worksheet

(select only one),

[ ] signed and submitted by the parties, that sets out the child support for their

children;

(Or)

[ ] attached as Exhibit C, because the parties did not agree on the terms of a

Child Support Obligation.

The Court, having considered the evidence FINDS AND CONCLUDES:

1. The Court has jurisdiction over the subject matter of this action and over the

parties and the children.

2. The parties are incompatible.

3. The Marital Settlement Agreement is fair and reasonable and should be adopted

by the Court.

4. The Custody Plan and Order is fair and reasonable and should be adopted by the

Court.

5. The Child Support Obligation and Order is fair and reasonable and should be

adopted by the Court.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

1. The marriage of Petitioner and Respondent is dissolved on the grounds of

incompatibility.

2. The parties are ordered to comply with the terms of the Marital Settlement

Agreement, which (select one)

[ ] has been filed with the Court and is incorporated here by reference.

(Or)

[ ] is attached and adopted as the order of the Court.

3. The parties are ordered to comply with the terms of the Custody Plan and Order,

which (select one)

[ ] has been adopted by the Court and is incorporated here by reference.

(Or)

[ ] is attached and adopted as the order of the Court.

4. The parties are ordered to comply with the terms of the Child Support Obligation

and Order, which (select one)

[ ] has been adopted by the Court and is incorporated here by reference.

(Or)

[ ] is attached and adopted as the order of the Court.

5. [ ] Petitioner (or) [ ] Respondent is ordered to pay child support in the amount of

$____________ per month to the other parent.

6. Legal custody of the children is as follows (select one):

[ ] The parties have joint legal custody of the children.

(Or)

[ ] [ ] Petitioner (or) [ ] Respondent has sole legal custody of the children.

7. The Court has continuing jurisdiction over issues relating to the children of the

marriage until the children reach the age of majority as provided by law.

(Select and complete the following paragraphs if applicable)

[ ] 8. The Court retains jurisdiction to enter QDROs or other orders dividing the

retirement plans referenced in the Marital Settlement Agreement.

[ ] 9. Judgment in favor of [ ] Petitioner (or) [ ] Respondent is awarded in the amount of

$__________, as set forth in Section III of the Marital Settlement Agreement

(Cash Payment). The statutory interest rate shall apply as provided in Section 56-

8-4(A) NMSA 1978.

[ ] 10. Petitioner’s name is restored to the former name of _______________________.

[ ] 11. Respondent’s name is restored to the former name of

_______________________.

SO ORDERED:

_____________________________

District Court Judge

By signing below I affirm under penalty of perjury under the laws of the State of New

Mexico that everything in this document is true and correct to the best of my knowledge,

information and belief, including the following:

1. Right to trial is waived. I understand that by signing the Final Decree, I am

waiving my right to a trial before a Judge.

2. No duress or coercion; complete agreement. I am not under force, threats,

duress, coercion or undue influence from anyone, including the other party, to sign this Final

Decree. This Decree and any attachments that I have signed is our full agreement. I have not

agreed to something different from what is stated in writing in this Decree.

3. Legal advice. I understand that even if I am representing myself without an

attorney, I have the right to be represented by an attorney. I have the right to call an attorney and

get legal advice before I sign this Final Decree.

_______________________________ _______________________________

Petitioner’s signature Respondent’s signature

Date: __________________________ Date: __________________________

Mailing address: _________________ Mailing address: _________________

_______________________________ _______________________________

Telephone:______________________ Telephone: _____________________

USE NOTE

1. This form may be used anywhere in this state by the court to enter a final decree

of dissolution of marriage when the parties have minor children or a child under nineteen years of

age who is attending high school.

2. If the parties are not in agreement, each party must complete and submit a

proposed draft of this document to the court with this decree. See Form 4A-301 NMRA (Marital

Settlement Agreement); Form 4A-302 NMRA (Custody Plan and Order); Form 4A-303 NMRA

(Child Support Obligation and Order). The court may approve some or all of the proposed terms

of either party, or it may order any other terms that it deems are just and proper.

[Approved by Supreme Court Order No. 14-8300-011, effective for all pleadings and papers filed

on or after December 31, 2014, in all cases filed or pending on or after December 31, 2014.]