Fillable Printable Petition for Dissolution of Marriage with Children - New Mexico

Petition for Dissolution of Marriage with Children - New Mexico

4A-103. Petition for dissolution of marriage (with children).

STATE OF NEW MEXICO

COUNTY OF _______________________

_______________ JUDICIAL DISTRICT COURT

______________________,

Petitioner,

v. No. __________

______________________,

Respondent.

PETITION FOR DISSOLUTION OF MARRIAGE

(WITH CHILDREN)

Petitioner, ____________________, asks this Court for a Final Decree of Dissolution of

Marriage, and states:

1. The parties, or at least one party, is a resident of _______________ County, State

of New Mexico.

2. At least one party has resided in the state of New Mexico for at least six (6)

months immediately preceding the filing of this Petition and has domicile in New

Mexico as defined by Section 40-4-5 NMSA 1978.

3. The parties were married on ______________________ (date) in

__________________ (city), ____________________ (state), and have remained

spouses since that date.

4. A state of incompatibility and irreconcilable differences exists and the parties are

not likely to reconcile.

5. The parties have ___________ child/children:

Name Year of Birth Age

A. _________________________________________________

B. _________________________________________________

C. _________________________________________________

D. _________________________________________________

6. Choose only one:

_______ There are no more children expected.

_______ The parties are expecting another child/children.

7. The minor child/children have been residents of the state of New Mexico for at

least the past six (6) months and jurisdiction to determine custody issues is present

in the state of New Mexico. New Mexico is the home state of the child/children.

8. Petitioner’s current address is: ________________________________

________________________________________________________.

Respondent’s current address is: ______________________________

________________________________________________________.

The current address of each child under the age of eighteen (18) is (list name and

address of each child):

________________________________________________________

______________________________________________________.

9. For the last five (5) years, list the names of the persons with whom each child

under the age of eighteen (18) named in paragraph 6 above has resided, and the

dates at each residence for each child:

________________________________________________________

_______________________________________________________.

10. Petitioner has information about custody proceeding(s) involving the minor

child/children either pending or in the past in a court in this state or any other

state. (Choose one)

_______ Yes

_______ No

If yes, provide court information:

____________________________________________________________

____________________________________________________________.

11. Choose only one:

__________ Petitioner has not participated as a party, witness, or in any other

capacity in any other litigation concerning the custody of the minor child/children

in New Mexico or in any other jurisdiction and/or state.

__________ Petitioner has participated as a party, witness, or in some other

capacity in other litigation concerning the custody of the minor child/children.

List all case names including names of parties, name of court, location of the

court, and court case number:

____________________________________________________________

____________________________________________________________.

12. Someone other than Respondent and me has physical custody of the minor

child/children or claims to have custody or visitation rights with respect to the

minor child/children. (Choose one)

_______ Yes

_______ No

If yes, list the name of any such individual(s):

____________________________________________________________

____________________________________________________________.

13. Choose only one:

_______ Petitioner and Respondent are fit and proper persons to have joint legal

custody of the minor child/children, with the rights and responsibilities identified

in Paragraphs F and J of Section 40-4-9.1 NMSA 1978, and subject to a parenting

plan that is consistent with the best interests of the child/children.

_______ Petitioner is a fit and proper person to have sole legal custody of the

child/children and is able to show the Court why sole legal custody is

appropriate for the child/children.

14. The parties should be ordered to contribute to the support and maintenance of the

parties’ child/children pursuant to the New Mexico Child Support

Guidelines.

15. Any sole and separate property or debts of the parties should be confirmed by the

Court.

16. Any community property of the parties should be equitably divided.

17. Any community debts of the parties should be equitably allocated.

18. CIRCLE ONE: My spouse [is] [is not] a member of the military.

19. OPTIONAL (Cross out if this does not apply to you): Petitioner is in need of

spousal support (alimony) to be paid to him/her by Respondent.

20. OPTIONAL (Cross out if this does not apply to you): Petitioner wishes to be

restored to his/her former name, _____________________.

Petitioner asks that the Court:

A. Enter a Final Decree of Dissolution of Marriage on the grounds of

incompatibility;

B. (Choose only one)

__________ Award joint legal custody of the child/children and adopt a

parenting plan in the child/children’s best interests;

__________ Award sole legal custody of the child/children to

Petitioner/Respondent (circle one), with visitation for the other parent that

is consistent with the best interests of the child/children;

C. Order the parties to contribute to the support and maintenance of the

parties’ minor child/children pursuant to the New Mexico Child Support

Guidelines;

D. Confirm the separate property and separate debts of the parties;

E. Equitably divide the community property and community debt of the

parties;

F. Order the Respondent to pay spousal support (cross out if this does not

apply);

G. Order that Petitioner’s name be restored to his/her former name of

______________________ (cross out if this does not apply); and

H. Provide for such other and further relief as the Court may deem just and

proper.

Submitted by:

___________________________________

Name

___________________________________

Street/mailing address

___________________________________

City, State, Zip

___________________________________

Telephone number

VERIFICATION

I, _________________________, affirm under penalty of perjury under the laws of the

State of New Mexico that I am the Petitioner in the above-entitled cause, and I know and

understand that the contents contained in the above Petition are true to the best of my knowledge

and belief. I have read and understand the Temporary Domestic Order as described in Rule 1-121

NMRA. I understand that upon the filing of this Petition with the Court that I am bound by the

contents of the Temporary Domestic Order.

____________________________________

Signature of Petitioner Date

[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 and papers filed on or after

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