STATE OF NEW MEXICO
EIGHTH JUDICIAL DISTRICT COURT
COUNTY OF ___________________

______________________,
Petitioner,

v.                                    No. __________

______________________,
Respondent.

    This matter comes before the court upon the filing of a petition for dissolution of marriage or upon the filing of an action pursuant to Section 40-4-3 NMSA 1978. The court finds it is in the best interests of the parties and of the public in this action to issue this order,

    IT IS THEREFORE ORDERED:

    1.    Neither party shall molest, intimidate, threaten, harass, injure or physically or mentally abuse the other party or any children of either party.

    2.    Neither party shall remove, cause to be removed, or permit the removal of any minor children of the parties from the State of New mexico without the written consent of the other party.

    3.    Neither party shall incur unreasonable or unnecessary debts hereafter. An unreasonable debt is one which is incurred during separation that does not contribute to the benefit of both parties or their dependents. Any unreasonable or unnecessary debt incurred after the date of the filing of the petition shall presumptively be assessed against the party incurring any such debt. The court specifically reserves the right to allocate the expenses and fees of this action.

    4.    Neither party shall cause the other party or the children of the parties to be removed from existing insurance coverage, including but not limited to medical, hospital, dental, automobile or disability insurance, and each party shall maintain all such insurance coverage in full force and effect.

    5.    Neither party shall change the beneficiaries of any existing life insurance policies, and each party shall

maintain the existing life insurance policies in full force and effect.

    6.    No party shall conceal or damage any property, real or personal, community or separate. Neither party shall dissipate, sell, remove, assign, transfer, dispose of, lend, mortgage, or encumber any property, real or personal, community or separate, except in the ordinary course of business or for the necessities of life. In the case of transactions made in the ordinary course of business, an itemized written accounting shall be made at least quarterly to the other party. In the case of dispositions made for the necessities of life, an itemized written accounting shall be made to the other party within thirty (30) days of said disposition.

    7.    In the event the parties are living in the same residence at the time of the service of this order, the parties shall attempt to decide between themselves which party shall move from the family residence. The party moving out of the residence is not prejudiced by reason of the move in any way with respect to custody of any minor children, with respect to a claim of any interest in the family residence, or the personal property in or on the premises.

    8.    If the parties do not determine which party will move from the residence, the court will decide the issue at a hearing on interim relief, considering among others the following facts:

        (a)    Minor children should continue to reside in the family residence during the pendency of this case.

        (b)    The parent who is and has been primarily caring personally for the children's basic daily needs should remain in the family residence during the pendency of this case.

        (c)    The spouse who maintains his or her principal place of business within the family residence should continue to reside in the family residence during the pendency of this case.

    9.    If there are minor children, the person moving from the family residence shall be entitled to continue to have frequent contact and communication with the children, in person and by telephone. If the parties cannot agree on a time-sharing arrangement during the pendency of this case, a mediation order will be entered immediately. If the issue

is not resolved by agreement through mediation, the court will establish a time-sharing arrangement at a hearing on a motion for interim relief.

    10.    The person moving from the family residence may return to pick up personal belongings and effects at a reasonable time to be agreed upon. Personal belongings and effects do not include furniture unless the parties agree or the court decides the issue at a hearing on interim relief.

    11.    Any party receiving personal mail or packages addressed only to the other party shall not open them, but shall forward or arrange to have such mail or packages delivered promptly to the other party. Personal mail addressed to both parties or concerning the children and mail related to the parties' income, debts or property, may be opened by the person who receives it, but any party receiving such mail shall promptly send a copy to the other party.

    12.    Unless the parties agree in writing, neither party shall cancel any credit cards during pendency of this action or cause the other party to be removed from any credit card account. All charges on credit cards are subject to the limitations of paragraph 3 of this order.

    13.    Each party is advised that all earned income is community property, and that income from all sources acquired during the marriage is generally community property. Likewise, each party is advised that all debt obligations, existing and recurring, are generally community obligations. Each party has a one-half interest in all community income and property and is obligated to pay one-half of all existing and recurring community debts. During the pendency of the case the income and debts are generally equally divided, provided, however, that the party who has the principal care of any children will be allocated a greater proportion of the income during the pendency of the action. If the parties agree upon the interim division of income and payment of debts, a stipulated order on the court form of order regarding the interim division of income and expenses shall be submitted to the court for signature and filing. If the parties cannot agree, the court will determine the division at a hearing on a motion for interim relief.

    14.    Within twenty (20) days of the filing of an answer by respondent, respondent shall complete respondent's portion of the TDO affidavit, file it and mail a copy to petitioner.

    15.    Within twenty (20) days of the filing and service of respondent's answer, each party shall mail or deliver to the other party documents reflecting current income from all sources, including but not limited to wage statements for the last four pay periods and interest, dividends or other income statements showing the current total gross income, deductions and net income received by that party. Within the same period each party shall also mail or deliver to the other party copies of the most recent personal state and federal tax returns with all schedules and attachments.

    16.    Within twenty (20) days of the filing and service of respondent's answer, each party shall deliver or mail to the other party copies of all current unpaid bills, statements, and due notices from all creditors.

    17.    This order is effective on the petitioner as of the date and time of filing and is effective on the respondent when it is served on the respondent or respondent's counsel.

    18.    This order shall continue in effect except as specifically or necessarily modified by written agreement of the parties or order of the court.

    DISOBEDIENCE OF THIS ORDER CAN CONSTITUTE CONTEMPT OF COURT, AND SUBJECT THE VIOLATOR TO FINE, IMPRISONMENT OR OTHER SANCTIONS, PLUS PAYMENT OF ATTORNEY'S FEES AND COSTS TO THE OTHER PARTY.

    A TDO shall be effective upon filing, and shall not require a judge's signature.

    The parties to a domestic relations cause shall be bound by any TDO filed.

[Rule 13, approved, effective January 1, 1991; LR8-108A NMRA; as amended, provisionally and recompiled, effective July 1, 2000 until statewide domestic rules and forms are adopted by the Supreme Court.]