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New Mexico Divorce Forms
This is a list of the most commonly filed divorce forms for the state of New Mexico. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in New Mexico, certain forms may or may not be required by the New Mexico courts.
The Petition for Dissolution of Marriage
> Forms DNM-100-106, is a seven-page form. When completed, it includes:
> Page 1 of the Petition for Dissolution of Marriage, Form DNM-100, is used when either the husband or the wife is the Petitioner.
> Page 2, Form DNM-101, is completed as indicated in marriages with or without children.
> Page 3, Form DNM-103, which includes provisions for child support is completed if there are minor children; if not, items 8 through 12 are indicated "Not Applicable."
> Page 4, Form DNM-104, Community Property and Debt Provisions, is completed whether or not there is community property and it includes the Petitioner's requests for community property.
> Page 5, Form DNM-104, stipulates the restoration of the wife's former name, if desired, and Prayer for Relief includes, among other conditions, a provision for the waiver of claims to pension benefits.
> Page 6, Form DNM-105, the Prayer of Relief, continues the Petitioner's prayer.
> Page 7, Form DNM-106, the Signature and Verification of the Prayer must be notarized.
Monthly Child Support Worksheet A, Form DNM-110
This form is used when the Petitioner has sole custody of the minor child(en) of the marriage. It uses a formula and is based on the combined gross incomes of both the custodial and noncustodial parents.
Monthly Child Support Worksheet B, Form DNM-111
This form is used when the Petitioner and the Respondent share custody as joint custodians. It uses a formula and is based on the combined gross incomes of both the custodial and noncustodial parents.
The Decree of Dissolutionis a six-page form customized to the situation of the divorcing couple. When completed it includes:
> Page 1 of the Decree of Dissolution, with Children, Form DNM-200, or Page 1 of the Decree of Dissolution, without Children, Form DNM-201, identifies the parties and their children and ends the marriage.
> Page 2, Spousal Provisions, Form DNM-202, restores the former name of the wife, and stipulates whether or not spousal support is ordered as well as the distribution of pension benefits, if ordered.
> Page 3, Child Custody and Support Provision, Form DNM-203, if applicable, identifies the children and describes the terms and conditions of child support and the amount, if any.
> Page 4, Health Insurance, Income Tax Deduction and Wage Assignment Provisions, Form DNM-204, stipulates which party a) provides medical insurance for minor children, b) claims the children as dependent deductions, and c) identifies the employer of the party paying any wage assignments.
> Page 5, Community Property and Debt Provisions, Form DNM-205, identifies, if need be, and stipulates the terms and conditions of the division and distribution of community assets and debts.
> Page 6, Additional Relief and Signature of Judge, Form DNM-206, is the signature page.
In marriages without children, pages 3 and 4 will not be included in the Decree of Dissolution, so the numbering of the pages will reflect the absence of these two forms.
The Joint Custody Parenting Planis a three-page form, DNM-225a-b-c. It is used only when both parents share joint custody. When completed, it includes:
> Page 1, Form DNM-225a, identifies the parents and the children, and establishes the basics of custody in items 1 through 6.
> Page 2, Form DNM-225b, identifies schools and describes payment of medical and dental bills in items 7 through 12.
> Page 3, Form DNM-225c, describes particular situations, including conditions of removal from the state in items 13 through 19.
The Affidavit Concerning Child Custody
> Forms DNM-300a-b, which must be notarized, is a two-page form. When completed, it includes:
> Page 1, Form DNM-300a, identifies the parents and the children.
> Page 2, Form DNM-300b, establishes that the Petitioner does or does not know of any other custody or adoption action involving the children in New Mexico or elsewhere.
Appearance, Waiver and Consent, DNM-350
By this notarized form, the Respondent 1) accepts receipt of the Petition for Dissolution, 2) enters an Appearance, 3) waives the formal service of a Summons and its 30-day period to respond if applicable, 4) waives any protections he or she might otherwise enjoy under the Servicemembers' Civil Relief Act. The signing of the Appearance, Waiver and Consent means that the action can move along uncontested.
This form notifies the Respondent that he or she has been sued for dissolution. It gives the Respondent 30 days after its receipt to file a response. It states that absent a "Responsive Pleading or Motion, the Petitioner will apply to the Court for relief demanded in the Petition for Dissolution of Marriage."
Notice of Summons and Receipt of Summons, Form DNM-450
This form, delivered with the Summons and Petition for Dissolution, must be signed by the Respondent within 30 days of the date of mailing. Failure to do so means that a Default Judgment can be entered against the Respondent.
Return of Service of Process, Form DNM-500
This form, delivered with the Summons and Petition for Dissolution, is used when the Respondent is served the divorce papers by a third-party, such as a Process Server. It authenticates that the Respondent was properly served. This form is notarized.
Affidavit of Service by Mail, Form DNM-550
This form, which must be notarized, is used when the Respondent is served by mail. The green, postal receipt card is attached after it is returned to the Respondent. When the Respondent is served by mail, in addition to the Summons and Petition for Dissolution, he or she may, if applicable, also receive Affidavit Concerning Child Custody and Child Support Worksheet.
Wife's Consent to Restore Former Name, Form DNM-600
This form, which is used only when the wife is the Respondent, is notarized. It is her request for the restoration of her former name.
Waiver of Waiting Period, Form DNM-700
The Petitioner may file this request to waive the 30 days required by Rule 33 of the Court Rules when 1) the parties have been separated for more than 30 days; 2) "the irreconcilability of the parties is permanent and no reconciliation is possible"; 3) "the parties have agreed to the relief requested in the Petition"; 4) the Respondent agrees to the waiving of the 30 days; and 5) "there are no children the issue of this marriage." This waiver must be notarized.
Affidavit for Entry of Default, Form DNM-800
The Petitioner may file Affidavit for Entry of Default after the Respondent has failed "to file a Responsive Pleading or otherwise defend within the time required by law," and he or she is not covered by the Servicemembers' Civil Relief Act. This affidavit must be notarized.
Entry of Default, Form DNM-850
This instrument, signed by the Clerk of the Court, records the entry of a Default Judgment against the Respondent.
Certificate as to the State of the Record and Non-Appearance, Form DNM-900
This form, singed by the Clerk of the Court, records the state of the record in one of two ways: when a) is checked, the Respondent waived appearance in the action; when b) is checked, he or she is served a Summons.
According to New Mexico divorce laws, a premarital agreement must be in writing, signed by both parties and acknowledged. A premarital agreement may not adversely affect the right of a child or spouse to support, a party's right to child custody or visitation, a party's choice of abode or a party's freedom to pursue career opportunities. It is not enforceable if the party against whom enforcement is sought proves that he or she did not execute the agreement voluntarily and the agreement was unconscionable when it was executed.
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