(4) a Final Decree of Dissolution of Marriage.
There are two final decree forms provided for uncontested
divorce cases:
(a) use Domestic Relations Form 4A-321 NMRA
when there are no minor children; and
(b) use Domestic Relations Form 4A-322 NMRA
when the parties have minor children; and
(5) if the parties have minor children or the
parties have a child under 19 years of age who is attending
high school, a Parenting Plan and Child Support Obligation.
Domestic Relations Form 4A-313 NMRA is provided. Once the
judge signs the Final Decree of Dissolution of Marriage
form, the parties are ordered by the court to do the things
they have agreed to do in the Parenting Plan and Child
Support Obligation; and
(6) if the parties have minor children or a child
under 19 who is attending high school, a child support
worksheet. See Section 40-4-11.1 NMSA 1978 for the child
support worksheet. It is recommended that self-represented
parties use the interactive child support worksheet form
that is available on the Internet at www.nmcourts.com, click
on "Family Law Forms". This form automatically determines
the monthly child support obligation.
B. Type or print. The parties must type or print all
of the information required to be completed on the forms.
Many forms may be downloaded and completed or completed on-line. See Domestic Relations Form 4A-100 NMRA for the
availability of forms. If a pre-printed form is being used
by the parties and there is not enough room on the form to
provide all of the information required, use a separate page
for the information and staple the page to the pre-printed
form before making copies and filing the form with the
court.
C. Sign the pleadings. A party's signature on a
pleading or paper filed with the court constitutes a
certificate that the party has read the paper and that to
the best of the party's knowledge, information and belief
there is good grounds to support it.
D. Forms required to be signed before a notary. Both
the husband and wife must sign the following pleadings and
papers before a notary:
(1) the Petition for Dissolution of Marriage,
Domestic Relations Forms 4A-301 or 4A-302 NMRA;
(2) the Verified Marital Settlement Agreement,
Domestic Relations Forms 4A-311 or 4A-312 NMRA;
(3) if there are minor children or a child under
19 years of age who is attending high school, the Parenting
Plan and Child Support Obligation, Domestic Relations Form
4A-313 NMRA.
E. File the forms with the court. After the parties
have completed and signed the forms, the parties must file
them with the court clerk.
F. Required number of copies. After completing the
forms make two (2) copies. An original and two (2) copies
of each form must be filed.
G. Pay the filing fee. A filing fee must be paid to
the clerk in cash or money order at the time the petition
and information sheet are filed unless free process is
approved.
[Approved, effective November 15, 2002.]