Fillable Printable Petition for Dissolution of Marriage Example - New Mexico

Petition for Dissolution of Marriage Example - New Mexico

4A-302. Petition for dissolution of marriage (with children).

STATE OF NEW MEXICO

COUNTY OF __________________________

____________________ JUDICIAL DISTRICT

___________________________, Petitioner

v. No. _________

___________________________, Respondent

PETITION FOR DISSOLUTION OF MARRIAGE

(with children)

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 li ves 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 children

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 docum ent and the statements in it are

true and correct to the best of my information and belief.

_____________________________________

Petitioner's signature

Address: _________________________________________________________

_________________________________________________________

Telephone: ________________________________________________________

_____________________________________

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

USE NOTES

1. Use this form if the husband and wife are the parents of one or m ore 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 m ust sign their names before

a notary prior to filing the petition with the court. A completed Dom estic 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.]