Fillable Printable Final Decree of Dissolution of Marriage Without Children - New Mexico

Final Decree of Dissolution of Marriage Without Children - New Mexico

4A-305. Final decree of dissolution of marriage (without children).

STATE OF NEW MEXICO

COUNTY OF __________________________

____________________ JUDICIAL DISTRICT

_____________________________________

Petitioner,

v. No. __________

_____________________________________

Respondent.

FINAL DECREE OF DISSOLUTION OF MARRIAGE

(without children)

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

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

This decree references one of the following: (select only one)

[ ] A Marital Settlement Agreement that has been signed and filed by the parties, and

that settles the claims related to their marital relationship;

(Or)

[ ] A Marital Settlement Agreement that is attached as Exhibit A, because the parties

did not settle the claims related to their marital relationship.

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.

2. The parties are incompatible.

3. The Marital Settlement Agreement 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.

(Select and complete the following paragraphs if applicable)

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

retirement plans referenced in the Marital Settlement Agreement.

[ ] 4. 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.

[ ] 5. Petitioner’s name is restored to the former name of ________________.

[ ] 6. 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 do not 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). 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. 13-8300-010, effective for all pleadings and papers filed

on or after May 31, 2013, in all cases pending or filed on or after May 31, 2013; as amended by

Supreme Court Order No. 14-8300-011, effective for all pleadings or papers filed on or after

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