New Mexico Divorce Procedures

New Mexico Divorce Procedures

Complete overview of New Mexico divorce procedures and laws for people considering a New Mexico divorce or filing a New Mexico divorce with issues to be resolved about child custody, child support, visitation and alimony.

In order to file your Petition for Dissolution of Marriage in New Mexico, you must make sure the District Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the New Mexico residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

The district court has jurisdiction to decree a dissolution of marriage when at the time of filing the petition either party has resided in this state for at least six months immediately preceding the date of the filing and has a domicile in New Mexico. The petition is to be filed in the county in which either spouse reside.

Persons serving in any military branch of the United States government who have been continuously stationed in any military base or installation in New Mexico for such period of six months shall, for the purposes hereof, be deemed to have a domicile of the state and county where such military base or installation is located. (New Mexico Statutes – Article 4 – Sections: 40-4-5)

Since dissolution of marriage is governed by state law, it is required that you meet specific residency requirements in order to file for a dissolution of marriage in the state of New Mexico. It is most common that people file for a dissolution of marriage in the county in which they live. If you are unsure of whether or not you meet the New Mexico residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.

New Mexico Grounds for Divorce

The Petition for Dissolution of Marriage is the initial document filed with the New Mexico court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

A district court may decree a dissolution of marriage on any of the following grounds: 

No-Fault:
1. incompatibility;

Fault:
1. cruel and inhuman treatment;
2. adultery; or
3. abandonment.

(New Mexico Statutes – Article 4 – Sections: 40-4-1, 40-4-2)

Every dissolution of marriage case that is filed in the state of New Mexico must declare the grounds in which the dissolution of marriage is to be granted. The grounds for dissolution of marriage must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a dissolution of marriage, or agreeing to a dissolution of marriage, make sure that you completely understand the grounds and any potential legal repercussions.

New Mexico Uncontested Divorce

This information is an overview of the uncontested New Mexico divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in New Mexico.

New Mexico offers No-Fault divorce on grounds of incompatibility. Incompatibility means “… discord and conflicts of personalities such that the legitimate ends of the marriage have been destroyed [thus] preventing any reasonable expectation of reconciliation.” Divorce is also permitted on grounds of 1) adultery, 2) abandonment and 3) cruel and inhuman treatment.

In New Mexico, divorces are filed in one of the state’s Judicial Districts. Each district has the authority to make local rules applicable to that court alone. The spouse filing the action is called the Petitioner; the spouse responding is called the Respondent. One of the spouses must be a resident of New Mexico for at least 6 months prior to filing. The action may be filed in any county where either spouse resides.

There is a 30-day waiting period after the divorce papers have been served upon the Respondent. This waiting period can be waived by the Respondent if there are no children in the marriage.

In New Mexico, the most commonly used ground is incompatibility.

In New Mexico, a divorce action can best be understood as a five-step process that includes 1) the selection of forms, 2) the preparation of forms, 3) the filing of forms with the clerk in the district court, 4) the service of process and 5) a court hearing.

The selection of the appropriate forms depends upon whether the marriage has a) minor children or b) no minor children. These forms include 1) Petition (DNM-100-106) and Decree (DNM-200 or 202-206), 2) Minor Child forms, 3) Service of Process and 4) Additional required forms depending upon situation.

If minor children are involved in the action, the Petitioner must select the appropriate Minor Child Forms. They include the following: a) Monthly Child Support Worksheet A (in the case of sole custody), DNM-110, b) Monthly Child Support Worksheet B (Joint Custody), DNM-111, c) Joint Custody Parenting Plan, DNM-225a-b-c, and d) Affidavit Concerning Child Custody, DNM-300 a-b.

The appropriate Service of Process forms depend upon how the Respondent is to be notified about the action. When the couples agree, the Petitioner may serve the Respondent. If Service is by the Petitioner, the appropriate form is the Appearance, Waiver and Consent form, DNM-350. If service is by mail, the forms are Summons form, DNM-400, Notice of Summons, Form DNM-450, which is signed by the Petitioner; and Affidavit of Service by Mail, Form 550, which is signed by the Respondent. If service is by deputy sheriff or process server, two different forms are required, DNM-400 and Return Form DNM-500.

Additionally, one or more of five additional forms may be required depending upon the circumstances of the divorce. They are as follows:

1. Wife’s Consent to Restore Former Name, DNM-600, used when the wife is the Respondent and requests it;
2. Waiver of Waiting Period, DNM-700, used when Respondent signs an Appearance, Waiver and Consent form;
3. Affidavit for Entry of Default, DNM-800, used when service is made by someone other than the Petitioner;
4. Entry of Default, DNM-850, used in conjunction with the Affidavit for Entry of Default.
5. Certificate as the State of the Record and Non-Appearance, DNM-900, used to certify that the Respondent did not answer the Petition.

Many of the pages of the Petition and Decree forms are the same for both divorces in marriages with or without children. More information is required in some of the blanks in the pages in the Petition when there are minor children. Here are the required forms:

a) DNM-100 identifies the parties, the personal information, domiciliary and martital facts;
b) DNM-101 states grounds for the action, authenticates that wife is not pregnant, lists children, spousal maintenance and custody;
c) DNM-102 details visitation, child support, health insurance, income tax deduction and wage assignment;
d) DNM-103 details community property, assets and liabilities;
e) DNM-104 includes a request for name restoration and outlines distribution of retirement benefits;
f) DNM-105 lists the relief sought.

The Decree forms are completed with the same information used in the Petition. If there are minor children, DNM-200 is the first page in the decree, with forms DNM 202, 203, 204, 205 and 206 making up the rest of the Decree. If there are no minor children, the Decree is paginated from DNM 201, 202, 205 and 206, and so numbered.

The child support worksheets depend upon the custody arrangements. The Monthly Child Support Worksheet A, Form DNM-110, is used in the case of sole custody. The Monthly Child Support Worksheet B (Joint Custody) DNM-111, is used in the case of joint custody. The Joint Custody Parenting Plan, DNM-225a-b-c describes the relevant facts of a joint custody arrangement. The Affidavit Concerning Child Custody, Form DNM-300 a-b, requests pertinent information about the minor children.

The divorce action begins when the Petitioner files the Petition and serves the Respondent. The Respondent must be given a Petition, and if applicable, the Monthly Child Support Worksheet A or B, Joint Parenting Plan, Affidavit Concerning Child Custody and Wife’s Consent to Restore Maiden Name.

If the service is by the Petitioner, the Respondent must be given an Appearance, Waiver and Consent form, which he or she signs. This makes the action uncontested, and it can move through the court easily.

If the service is by mail, the Respondent, in addition to the above indicated forms, must be given a Summons, Form DNM-400, which informs him or her of his or her rights; a Notice and Recipient of Summons Form DNM-450 and Affidavit of Service Form, DNM-550, which confirms delivery of the Summons and Notice.

If the service is by Deputy Sheriff or Process Server, the Respondent, in addition to the above indicated forms, must be given the Summons and Return Form-500, which confirms the receipt of process.

The waiting period begins when the Respondent has been served. It cannot be waived in divorces where there are minor children. If Service is by mail, the Respondent has 23 days to sign and return the Notice and Receipt of Service form; otherwise, the waiting period expires 33 days after the mailing. If service is by Deputy Sheriff or Process Server, the waiting period is 30 days, not counting the day of service.

When the service is by the Petitioner and the Respondent has signed an Appearance, Waiver and Consent form, the Petitioner normally also prepares a Waiver of Waiting Period Form. After this is signed, the Petitioner normally requests a hearing, which is very brief. After a few questions, the judge signs the Divorce Decree.

When the service is by someone other than the Petitioner, and the appropriate waiting period has elapsed without a response from the Respondent, the Petitioner may move for a default. A default happens when the Respondent cannot or will not be located to accept service, or when the Respondent simply does not do anything. This requires that the Petitioner file at Affidavit for Entry of Default Form and Entry of Default Form. In addition to the Affidavit for Entry of Default Form and Entry of Default Form, in order to receive he default, the Petitioner must file the following forms, if applicable:

a) Return Form DNM-500 and Summons Form DNM-400, if not previously filed;
b) Notice of Summons Form DNM-450, if not previously filed;
c) Affidavit of Service Form DNM-550, if not previously filed;
d) Certificate as the State of the Record and Non-Appearance, DNM-900.
e) Decree of Dissolution of Marriage, Forms DNM-200 -206, or applicable forms.

If a spouse cannot or will not be found, the Petitioner must make diligent efforts to locate him or her. If these efforts fail, the Petitioner may use Service by Publication. In this routine, the Petitioner publishes a Notice in a newspaper informing the Respondent of the pending action. The notice must be published once a week for four consecutive weeks.

To do this, however, the Petitioner must file an affidavit swearing to his or her diligent efforts to locate the missing spouse. After the publication has happened, the Petitioner must file an Affidavit of Publication with the court. The action can move as a default divorce.

New Mexico Simplified Divorce Procedures

Marital settlement agreements and contracts for separation are specifically authorized by law and must be in writing. Any marital settlement agreements should be recorded in the county where the spouses reside. [New Mexico Statutes Annotated; Article 4, Sections 40-2-4 and 40-2-5].

Each state has its own unique filing procedure. When filing for dissolution of marriage in New Mexico, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory dissolution of marriage documents to the county court. You will discover that some documents may be provided by the New Mexico Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the New Mexico Laws and the filing requirements.

New Mexico Property Division Factors

In New Mexico, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the District Court within the Decree of Dissolution of Marriage.

New Mexico is considered a “Community Property” state. Community property is defined as all property and debt that was acquired from the date of marriage until the marital cut-off date. The community assets will be split equally by the District Court if the spouses are unable to reach an agreement.

In New Mexico, separate property can be classified or defined as follows: (A)     property acquired by either spouse before marriage or after entry of a decree of dissolution of marriage;  (B)     property acquired after entry of a decree; (C)     property designated as separate property by a judgment or decree of any court having jurisdiction;  (D)     property acquired by either spouse by gift, bequest, devise or descent; and  (E)     property designated as separate property by a written agreement between the spouses, including a deed or other written agreement concerning property held by the spouses as joint tenants or tenants in common in which the property is designated as separate property.

The “community property” acquired by either or both spouses during the marriage, which is not separate property, is divisible upon the termination of the marriage. (New Mexico Statutes – Article 4 – Sections: 40-3-8, 40-4-7)

Since New Mexico is a “Community Property” state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. This means that everything that is considered “up for grabs” in the dissolution of marriage will be distributed equally to each spouse. Obviously this does not entail splitting a car in half so to speak, but rather each spouse will be rewarded with assets of equal value.

New Mexico Spousal Support/Maintenance/Alimony Factors

In New Mexico the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the District Court will order support from one spouse to the other on a case-by-case basis as follows:

The court shall consider the following when making a decision regarding spousal support: (1) the age and medical condition of each spouse; (2) the current and future income and earning capacity of each spouse; (3) the ability of the receiving spouse to be self-supporting; (4) the reasonable needs of the respective spouses, including: (a) the standard of living of the spouse while married; (b) the maintenance of medical insurance for the respective spouses; and (c) the appropriateness of life insurance, including its availability and cost, insuring the life of the person who is to pay support to secure the payments, with any life insurance proceeds paid on the death of the paying spouse to be in lieu of further support; (5) the length of the marriage; (6) the property award; (7) the type and nature of the respective spouses’ assets; provided that potential proceeds from the sale of property by either spouse shall not be considered by the court, unless required by exceptional circumstances and the need to be fair to the parties; (8) the type and nature of the respective spouses’ liabilities; (9) income producing assets; (10) mutual agreements between the spouse. (New Mexico Statutes – Article 4 – Sections: 40-4-7)

New Mexico Child Custody Factors

In New Mexico, the court make a custody award with the best interests of the children in mind. The factors the court will consider are as follows:

a) the wishes of the child’s parent or parents as to his custody; 

b) the wishes of the child as to his custodian; 

c) the interaction and interrelationship of the child with his parents, his siblings and any other person who may significantly affect the child’s best interest;

d) the child’s adjustment to his home, school and community; and

e) the mental and physical health of all individuals involved. Also, if the child is 14 years or older, the court will consider his or her wishes. (New Mexico Statutes – Article 4 – Sections: 40-4-9, 40-4-9.1) 

In New Mexico, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.

New Mexico Child Support Factors

Either parent may be ordered to provide child support, based on a consideration of the financial resources of that parent. Any welfare benefits are not considered. Specific child support guidelines and worksheets are provided. Separate worksheets are provided for determining child support amounts for parents with visitation and for parents with shared responsibility. Shared responsibility or joint custody is defined as each parent having the child in their home at least 35% of the time during a year. Chid Support Guidelines are contained in New Mexico Statutes Annotated; Article 4, Section 40-4-11.1. These guidelines are presumed to be correct unless there is a showing that the amount of support would be unjust or inappropriate under the particular circumstances of a case, specifically: (1) any extraordinary uninsured medical, dental, or counseling expenses for the child of over $100.00 per year; (2) any extraordinary educational expenses for the child; and (3) any transportation and communication expenses for long-distance visitation or time-sharing. A substantial hardship for either parent or the child may also justify an adjustment of the amount of the child support payment. The assignment and withholding of wages to secure the payment of child support payments may be ordered. [New Mexico Statutes Annotated; Article 4, Sections 27-2-27, 40-4-7, 40-4-11, and 40-4-11.1].

New Mexico child support is typically calculated by using a Child Support Worksheet. The worksheet will generate an appropriate New Mexico child support obligation according to each spouse’s income and other relative numeric factors such as taxes paid and retirement contributions, etc.. Once this amount is determined it is essential to take a look at any appropriate New Mexico child support deviation factors that may be applicable to the situation.

New Mexico Grandparent’s Rights

Grandparent Rights to Visitation: Visitation may be granted as a part of or subsequent to a judgment of dissolution of the parent’s marriage, legal separation, or paternity; if one of the parents is deceased; if the child resided with the grandparent for at least three months and the child was less than six years of age at the beginning of the three month period and was subsequently removed from the grandparent’s home; or if the child has resided with the grandparent for a period of at least six months when the child is over the age of six at the beginning of the six month period and the child was subsequently removed from the grandparent’s home. Court must consider statutory provisions relating to the best interest of the child. Chapter 40, Section 40-9-1 (N.M.S.A. §40-9-1).

When Adoption Occurs: Grandparents may obtain visitation after adoption by a stepparent, a relative of the grandchild, a person designated to care for the grandchild in the provisions of a deceased parent’s will, or a person who sponsored the grandchild at a baptism or confirmation conducted by a recognized religious organization.

Child Custody Statutes: Best interest of the child, considering the following factors: (1) wishes of parties; (2) wishes of child; (3) interaction and interrelationship between the child and parties, siblings and other significant persons; (4) child’s adjustment to home, school and community; and (5) mental and physical condition of all persons involved. Other factors are also listed in considering joint custody between parents. N.M.S.A. §40-4-9 et seq.

Parents May Choose: Yes

New Mexico Military Divorce Laws

A New Mexico military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.

Military Protection From New Mexico Divorce Proceedings

There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.

Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local New Mexico court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.

Serving an Active Military Spouse

The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a New Mexico court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.

Residency and Filing Requirements

The typical military divorce filing requirements are as follows:

a) You or your spouse must reside in New Mexico
b) You or your spouse must be stationed in New Mexico

Grounds for New Mexico Military Divorce

The grounds for a military divorce in New Mexico are the same as a civilian divorce.

Dividing the Property

Along with the normal New Mexico property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

Child Support and Spousal Support

In New Mexico, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal New Mexico child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.

New Mexico Child Support Guidelines

The New Mexico child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate New Mexico child support order.

New Mexico Child Support Guidelines

Income Share Model *: YES
Percent of Income Model *: NO
Worksheets Available: YES
Extraordinary Medical Expenses Add on: YES
Childcare Add on: YES
Secondary Education Support: NO
UIFSA: YES

* The Income Shares Model: New Mexico child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the New Mexico child support worksheet and the estimated incomes are typically substantiated by past pay stubs or w-2s.

For example: If the father has a higher income than the mother, he would then be responsible for the greater portion of the child support obligation. Conversely, if the father has a lower income than the mother, he would then be responsible for the smaller portion of the child support obligation.

As a reminder, the child support obligation can manifest itself differently between a custodial and a noncustodial parent.

For example: It is not common for a custodial parent to be paying support to a non-custodial parent.

New Mexico Child Support Definitions
STATUTES
A. In any action to establish or modify child support, the child support guidelines as set forth in this section shall be applied to determine the child support due and shall be a rebuttable presumption for the amount of such child support. Every decree or judgment of child support that deviates
from the guideline amount shall contain a statement of the reasons for the deviation.

B. The purposes of the child support guidelines are to:
(1) establish as state policy an adequate standard of support for children, subject to the ability of parents to pay;
(2) make awards more equitable by ensuring more consistent treatment of persons in similar circumstances; and
(3) improve the efficiency of the court process by promoting settlements and giving courts and the parties guidance in establishing levels of awards.

C. For purposes of the guidelines specified in this section:
(1) “income” means actual gross income of a parent if employedto full capacity or potential income if unemployed or underemployed. Income need not be imputed to the primary custodial parent actively caring for a child of the parties who is under the age of six or disabled. If income is imputed, a reasonable child care expense may be imputed.
The gross income of a parent means only the income and earnings of that parent and not the income of subsequent spouses, notwithstanding the community nature of both incomes after remarriage; and
(2) “gross income” includes income from any source and includes but is not limited to income from salaries, wages, tips, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, social security benefits, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, significant in-kind benefits that reduce personal living expenses, prizes and alimony or maintenance received, provided:
(a) “gross income” shall not include benefits received from means-tested public assistance programs or child support received by a parent for the support of other children;
(b) for income from self-employment, rent, royalties, proprietorship of a business or joint ownership of a partnership or closely held corporation, “gross income” means gross receipts minus ordinary and necessary expenses required to produce such income, but
ordinary and necessary expenses do not include expenses determined by the court to be inappropriate for purposes of calculating child support;
(c) “gross income” shall not include the amount of alimony payments actually paid in compliance with a court order;
(d) “gross income” shall not include the amount of child support actually paid by a parent in compliance with a court order for the support of prior children; and
(e) “gross income” shall not include a reasonable amount for a parent’s obligation to support prior children who are in that parent’s custody. A duty to support subsequent children is not ordinarily a basis for reducing support owed to children of the parties but may be a defense to a child support increase for the children of the parties. In raising such a defense, a party may use Table A as set forth in Subsection K of this section to calculate the support for the subsequent children.

D. As used in this section:
(1) “children of the parties” means the natural or adopted child or children of the parties to the action before the court but shall not include the natural or adopted child or children of only one of the parties;
(2) “basic visitation” means a custody arrangement whereby one parent has physical custody and the other parent has visitation with the children of the parties less than thirty-five percent of the time. Such arrangements can exist where the parties share responsibilities pursuant to Section 40-4-9.1 NMSA 1978; and
(3) “shared responsibility” means a custody arrangement whereby each parent provides a suitable home for the children of the parties, when the children spend at least thirty-five percent of the year in each home and the parents significantly share the duties, responsibilities and expenses of parenting.

E. The basic child support obligation shall be calculated based on the combined income of both parents and shall be paid by them proportionately pursuant to Subsections K and L of this section.

F. Physical custody adjustments shall be made as follows:
(1) for basic visitation situations, the basic child support obligation shall be calculated using the basic child support schedule, Worksheet A and instructions contained in Subsection K of this section. The court may provide for a partial abatement of child support for visitations of one month or longer; and

(2) for shared responsibility arrangements, the basic child support obligation shall be calculated using the basic child support schedule, Worksheet B and instructions contained in Subsection L of this section.

G. In shared responsibility situations, each parent retains the percentage of the basic support obligation equal to the number of twenty-four-hour days of responsibility spent by each child with each respective parent divided by three hundred sixty-five.

H. The cost of providing medical and dental insurance for the children of the parties and the net reasonable child-care costs incurred on behalf of these children due to employment or job search of either parent shall be paid by each parent in proportion to his income, in addition to the basic obligation.

I. The child support may also include the payment of the following expenses not covered by the basic child support obligation:
(1) any extraordinary medical, dental and counseling expenses incurred on behalf of the children of the parties. Such extraordinary expenses are uninsured expenses in excess of one hundred dollars ($100) per child per year;
(2) any extraordinary educational expenses for children of the parties; and
(3) transportation and communication expenses necessary for long distance visitation or time sharing.

J. Whenever application of the child support guidelines set forth in this section requires a person to pay to another person more than forty percent of his gross income for a single child support obligation for current support, there shall be a presumption of a substantial hardship, justifying a deviation from the guidelines.

K. Grounds for deviation from child support guidelines.
Any deviation from the child support guideline amounts set forth in Section 40-4-11.1 NMSA 1978 shall be supported by a written finding in the decree, judgment or order of child support that application of the guidelines would be unjust or inappropriate. Circumstances creating a substantial hardship in the obligor, obligee or subject children may justify a deviation upward or downward from the amount that would otherwise be payable under the guidelines.

L. Modification of child support orders; exchange of financial information.

a) A court may modify a child support obligation upon a showing of material and substantial changes in circumstances subsequent to the adjudication of the pre-existing order. There shall be a presumption of material and substantial changes in circumstances if application of the child support guidelines in Section 40-4-11.1 NMSA 1978 would result in a deviation upward or downward of more than twenty percent of the existing child support obligation and the petition for modification is filed more than one year after the filing of the pre-existing order.

b) All child support orders shall contain a provision for the annual exchange of financial information by the obligor and obligee upon a written request by either party. The financial information to be furnished shall include:
1) federal and state tax returns, including all schedules, for the year preceding the request;
2) W-2 statements for the year preceding the request;
3) Internal Revenue Service Form 1099s for the year preceding the request;
4) work-related daycare statements for the year preceding the request;
5) dependent medical insurance premiums for the year preceding the request; and
6) wage and payroll statements for four months preceding the request.

For the purposes of this subsection, the wages of a subsequent spouse may be omitted from the financial information provided by either the obligor or the obligee.

New Mexico Dissolution of Marriage Definitions

This collection of definitions will help clarify some unique characteristics to the New Mexico Dissolution of Marriage laws, process and paperwork which is filed with the court.

Filing Party Title:
Petitioner

The spouse who will initiate the Dissolution of Marriage by filing the required paperwork with the court.

Non-Filing Party Title:
Respondent

The spouse who does not initiate the Dissolution of Marriage with the court.

Court Name:
State of New Mexico, In the District Court, ___________ County

The proper name of the court in which a Dissolution of Marriage is filed in the state of New Mexico. Each jurisdictional court typically has a domestic relations or a family law department or division.

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Dissolution of Marriage Document:
Petition for Dissolution of Marriage

The title and name of the legal document that will initiate the New Mexico Dissolution of Marriage process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Dissolution of Marriage Document:
Decree of Dissolution of Marriage

The title and name of the legal document that will finalize the New Mexico Dissolution of Marriage process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
District Clerk’s Office

The office of the clerk that will facilitate the Dissolution of Marriage process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

If the spouses have permanently separated and do not live together or cohabit, either spouse may begin proceedings for property division, child custody and support, and maintenance, without asking for a dissolution of marriage. One of the spouses must have been a resident of New Mexico for at least 6 months immediately preceding the filing for legal separation and have a home in New Mexico. [New Mexico Statutes Annotated; Article 4, Section 40-4-3].

Property Distribution:
Community Property

The applicable New Mexico law that will dictate how property and debt is to be divided upon Dissolution of Marriage.

People who visited that page were looking for:

• new mexico divorce waiting period (19)
• nm divorce (10)
• new mexico divorce procedures (2)
• new mexico divorce laws (2)
• nm divorce process (1)
• nm divorce process for self filing? (1)
• nm divorce va compensation (1)
• nm law partial decree of dissolution of marriage (1)
• nm sposal support after 33 years of marriage (1)
• what happens if the respondent does not file a response in new mexico (1)