Divorce Settlement Agreement - New Mexico

NEW MEXICO DIVORCE SETTLEMENT AGREEMENT

Before use: New Mexico Courts direct self-represented filers to use approved divorce forms, including Form 4A-301 for marital settlement terms. Transfer completed terms into the required court forms and obtain any separate custody and support orders the court requires. Both spouses should complete the property and debt schedules and sign before separate notaries.

This agreement is made on [DATE] by [PETITIONER FULL NAME] ("Petitioner") and [RESPONDENT FULL NAME] ("Respondent") for the dissolution case in [COUNTY] County, New Mexico, case number [NUMBER]. They married on [DATE] and request that the district court approve the completed terms in its decree. Children of the parties are listed in Section 5.

1. Disclosures and scope

1.1 At the petition filing date, [PETITIONER / RESPONDENT] had resided in New Mexico for at least six months immediately before filing and was domiciled in New Mexico. The supporting residence and domicile facts are [DATES AND FACTS] (NMSA § 40-4-5).

1.2 Each spouse has delivered a current list of assets, debts, income, and obligations to the other. Petitioner delivered [DOCUMENTS] on [DATE]; Respondent delivered [DOCUMENTS] on [DATE]. Unresolved valuation or classification questions are [DETAILS / NONE]. The spouses have had an opportunity for separate legal and tax advice and sign voluntarily.

1.3 The parties ask the court to incorporate the property, debt, and spousal support terms it approves into the decree. Child custody and support terms are requests to the court and take effect as court orders only to the extent approved. This agreement does not displace a protective order or an existing custody or support order.

2. Property classification and division

2.1 Schedule A identifies each item of community or quasi-community property, its agreed value, liens, recipient, and any transfer step. Schedule B identifies property each spouse claims as separate, including any property the spouses designate as separate by this writing. A disputed item is [ITEM AND PROPOSED RESOLUTION / NONE]. For quasi-community property, the parties will state the domicile facts relevant to § 40-3-8(D): [FACTS / NOT APPLICABLE].

2.2 Each spouse shall receive the items assigned to that spouse in the completed schedules. A balancing payment, if any, is $[AMOUNT] payable by [SPOUSE] to [SPOUSE] on [DATE], secured by [TERMS / NONE]. Other agreed property terms: [DETAILS / NONE]. The parties request court review of the full division.

2.3 For real property, identify the street address, legal description, current title, mortgage, recipient, deed to be signed, recording county, and deadline in Schedule A. A spouse remaining on a joint mortgage is not released by this agreement; the parties will seek lender approval, refinancing, or an express release. If that fails by [DATE], they will [SALE OR OTHER BACKUP PLAN].

2.4 For a retirement plan, Schedule A states the plan, estimated marital interest, proposed percentage or amount, and the separate order or transfer process the plan requires. The parties will cooperate with the plan and court. A private allocation alone does not direct the plan administrator to pay a different beneficiary.

2.5 Property omitted from the decree is addressed under NMSA § 40-4-20; the spouses will disclose it promptly and seek agreement or court division. No undisclosed item is forfeited automatically to the spouse who finds it.

3. Debts and taxes

3.1 Schedule C lists each debt, balance, creditor, account identifier, agreed character, responsible spouse, and payment or refinancing deadline. As between the parties, the assigned spouse shall pay it and reimburse the other for any required payment on that debt within [NUMBER] days after proof of payment.

3.2 A creditor's rights are not changed merely by this agreement or its approval in the decree. Required lender or creditor consent, release, or refinancing: [DETAILS / NONE].

3.3 For tax year [YEAR], the parties will file [JOINTLY IF LEGALLY ELIGIBLE / SEPARATELY] and allocate any agreed refund or tax payment as follows: [DETAILS]. Prior returns, audits, and refunds: [DETAILS / NONE]. Any filing choice remains subject to applicable tax law.

4. Spousal support

Select one request. The decree should state the court's support decision expressly, especially if the marriage lasted twenty years or more before dissolution (NMSA § 40-4-7(F)).

☐ No spousal support requested. Both parties ask the decree to state that no spousal support is awarded.

☐ Rehabilitative support requested. [PAYOR] pays [RECIPIENT] $[AMOUNT] per [PERIOD] from [DATE] through [DATE]. The proposed rehabilitation plan is [ATTACHMENT AND STEPS].

☐ Transitional support requested. [PAYOR] pays [RECIPIENT] $[AMOUNT] per [PERIOD] from [DATE] through [DATE]; the final order must state the limited period.

☐ Support for an indefinite duration requested. [PAYOR] pays [RECIPIENT] $[AMOUNT] per [PERIOD] beginning [DATE], subject to the decree and applicable law.

☐ Specified-sum support requested. [PAYOR] pays a total of $[AMOUNT] in [ONE PAYMENT / INSTALLMENTS AND DATES]. The proposed order will specify whether the amount is ☐ subject only to the recipient's death or ☐ not subject to contingencies, including that death.

If rehabilitative or transitional support is selected, the parties request ☐ ordinary statutory modification treatment ☐ that the decree designate the amount or duration nonmodifiable under § 40-4-7(B)(2)(b). Other terms, including life insurance requested to secure support: [DETAILS / NONE]. The court decides the award and any permitted later modification; this agreement creates no automatic termination on remarriage or any other event.

5. Children and proposed custody terms

5.1 The parents request ☐ joint custody ☐ sole custody to [PARENT], subject to the child's best interests and the court's order. This is ☐ an initial determination ☐ a proposed change to an existing order [ORDER AND REASON]. Section 40-4-9.1(A) presumes joint custody serves the child's best interests at an initial determination. The child's needs and any safety concern are [FACTS]. Any domestic abuse finding or protective order is [DETAILS / NONE]; the court must make the findings required by § 40-4-9.1(B)(9) if abuse has been determined.

5.2 If joint custody is approved, the proposed periods of responsibility are in Schedule D. Each parent will consult the other before a major decision involving the child. The proposed allocation of education, nonemergency health care, child care, religion, and recreation decisions is [DETAILS]. If the parents cannot agree on a major change, they will use [COURT APPROVED DISPUTE PROCESS / COURT REQUEST]; no major change occurs merely because one parent gives notice.

5.3 If a parent with joint custody plans to change home city or state, that parent will give the other written notice of the date and destination at least thirty days before the move under § 40-4-9.1(J)(4)(a). Any requested change to the ordered schedule or custody will be submitted for court approval. Each parent will maintain access to the child's medical, dental, and school records as provided by § 40-4-9.1(H), subject to any protective order.

5.4 Parent-child phone or video contact when apart: [DAYS, TIMES, METHOD]. Exchanges: [PLACE, TIMES, TRANSPORTATION]. Holiday and vacation priorities: [COMPLETE TERMS IN SCHEDULE D]. Emergency health information will be shared by [METHOD] as soon as practicable.

6. Child support and health care

6.1 The parties will submit the current guideline calculation and financial information required for child support under NMSA § 40-4-11.1. Their proposed amount is $[AMOUNT] per [PERIOD] from [PAYOR] to [RECIPIENT], beginning [DATE], based on [IDENTIFY ATTACHED WORKSHEET AND INPUTS]. If they request a deviation, the proposed reasons are [FACTS / NONE]; the court's decree or stipulation must state reasons for any deviation from the guideline amount.

6.2 Health coverage for the children will be provided by [PARENT / PROGRAM], subject to availability and the court's order. Proposed division of uncovered health costs, qualifying child care, and agreed school or activity costs: [PERCENTAGES AND PROCEDURE]. Payment method and case reference: [DETAILS].

6.3 A later child support change requires the applicable court process under § 40-4-11.4. The support order should include the annual exchange of financial information upon a party's written request. No private review date or missed payment automatically modifies custody or support.

7. Performance and court approval

7.1 Each spouse will sign any separate deed, plan order, account instruction, or other document needed to carry out an approved transfer by [DEADLINE]. If a transfer cannot be completed, the parties will seek an agreed substitute or court direction.

7.2 This agreement does not create a private cure period, automatic contempt finding, guaranteed attorney fee award, or cap on support or court remedies. A party may ask the court with jurisdiction to enforce or modify an order as allowed by law.

7.3 An amendment to a court-approved term requires any court approval the law requires. This writing contains the parties' complete proposed settlement; an invalid provision does not compel the court to approve another provision.

8. Signatures and separate acknowledgments

The parties have read the completed schedules and sign voluntarily.

Petitioner signature: ______________________________ Date: [__/__/____]

Respondent signature: ______________________________ Date: [__/__/____]

Petitioner's acknowledgment and oath State of New Mexico, County of [COUNTY]

Acknowledged, signed, and sworn to before me on [DATE] by [PETITIONER FULL NAME].

Notarial officer signature: ____________________ Title: [TITLE]

Notary public commission number: [NUMBER] Commission expiration: [DATE]

Official stamp: [AFFIX]

Respondent's acknowledgment and oath State of New Mexico, County of [COUNTY]

Acknowledged, signed, and sworn to before me on [DATE] by [RESPONDENT FULL NAME].

Notarial officer signature: ____________________ Title: [TITLE]

Notary public commission number: [NUMBER] Commission expiration: [DATE]

Official stamp: [AFFIX]

Schedule A — community and quasi-community property

Schedule B — separate property

Schedule C — debts

Schedule D — proposed parenting plan

Decision responsibilities and communication method: [DETAILS]

Transportation, contact, and dispute procedure: [DETAILS]