NEW MEXICO DIVORCE PAPERS WITH EXPLANATIONS

The documents listed below are the primary documents for a New Mexico uncontested divorce. You will notice that some of the documents apply with children. If you do not have minor children, these documents are typically not required when filing for divorce in New Mexico.

Understanding the New Mexico Divorce Papers:

• Domestic Relations Information Sheet: This form identifies the petitioner and respondent of the divorce. The Sheet is often placed in the front of the case file for easy reference.
• Petition for Dissolution of Marriage: The first step in filing for divorce is filing the Petition, which is the official application to file for divorce. It contains basic marriage and party information as well as the relief sought by the petitioner.
• Appearance, Waiver and Consent: By this notarized form, the respondent accepts receipt of the Petition for Dissolution, enters an appearance, and waives the formal service of a summons and its 30-day period to respond if applicable, waives any protections he or she might otherwise enjoy under the Service Members' Civil Relief Act. Signing the form means that the action can move along uncontested. This document essentially states that the respondent agrees with the Petition, its contents and the divorce.
• Verified Marital Settlement Agreement: This notarized form used by divorcing spouses with or without children spells out the terms and conditions of their divorce and resolving such matters as property division, debts, child custody, child support, visitation, debt, alimony, insurance, tax, and settlement of any property issues when they end their marriage to each other. The MSA will often be incorporated into the the Final Decree of Dissolution of Marriage.
• Financial Affidavit: This affidavit profiles and discloses the finances of the parties to the court and one another.
• Schedule for Visitation of Minor Children: This form spells out the custody regime and establishes the visitation routine for the custodial and noncustodial parent.
• Parenting Plan and Child Support Obligation: This allows for the parents of the minor children of the marriage to agree to the terms of child support and custody. In order to be in effect this form must be signed by both spouses.
• Child Support Worksheet: This worksheet is used to compute child support based on the state's guidelines.
• Affidavit Concerning Child Custody: Form DNM-300a-b, which must be notarized, identifies the parents and children and establishes that the Petitioner does or does not know of any other custody or adoption action involving the children in New Mexico or elsewhere.
• Final Decree of Dissolution of Marriage: This document, once signed by the judge, finalizes the divorce according to the terms set forth in the Verified Marital Settlement Agreement.