New Mexico Uncontested Divorce Petition + Decree Filing Packet

New Mexico Uncontested Divorce Petition + Decree Filing Packet

Pre-Filing Eligibility and Residency Checklist

Confirm each item before filing. Failure to satisfy NMSA § 40-4-5 deprives the district court of subject-matter jurisdiction.

☐ At least one spouse has resided in New Mexico for at least six (6) months immediately preceding filing (NMSA § 40-4-5).
☐ At least one spouse has a domicile in New Mexico (intent to remain indefinitely).
☐ The parties are incompatible, with no reasonable possibility of reconciliation (NMSA § 40-4-1).
☐ All marital property and debts are identified and a community/separate property allocation has been agreed.
☐ If minor children exist: parenting plan, child support worksheet, and custody arrangements are drafted.
☐ Correct petition form selected: Form 4A-102 (no children) or Form 4A-103 (with minor children).
☐ Filing fee ready: $137 statewide (or fee waiver via in forma pauperis motion).
☐ Domestic Relations Information Sheet (Form 4A-101) completed.
☐ Venue: District Court of the county where either spouse resides.

No statutory cooling-off / waiting period from service to decree in New Mexico. Once an Answer (or Acceptance of Service plus Waiver) is filed or default obtained, the court may enter a Final Decree without further delay.

Document 1 — Petition for Dissolution of Marriage

STATE OF NEW MEXICO
COUNTY OF [_______________________]
[___] JUDICIAL DISTRICT COURT

No.: D-[____]-DM-[______]-[______]
Judge: [_______________________]

PETITION FOR DISSOLUTION OF MARRIAGE

Petitioner, [______________________________________], states:

1. Residency and Jurisdiction.
Petitioner has resided in New Mexico and maintained a domicile in New Mexico for at least six (6) months immediately preceding the filing of this Petition, in accordance with NMSA 1978, § 40-4-5. Petitioner currently resides at: [______________________________________].

2. Parties.

3. Marriage.
The parties were lawfully married on [__/__/____] in [City, State/Country].

4. Separation.
The parties separated on or about [__/__/____].

5. Grounds — Incompatibility (NMSA § 40-4-1).
Because of discord or conflict of personalities, the parties are incompatible and have destroyed the legitimate ends of the matrimonial relationship. There is no reasonable possibility of reconciliation.

6. Children.
☐ There are no minor or unborn children of the marriage.
☐ There are the following minor children of the marriage:

7. Pregnancy.
☐ Neither party is currently pregnant.
☐ [_______________________] is currently pregnant; expected due date: [__/__/____].

8. Community Property.
The parties have acquired community property during the marriage, including real property, personal property, vehicles, bank/investment accounts, and retirement interests, all of which the parties have agreed to divide as set forth in the attached Marital Settlement Agreement.

9. Separate Property.
Each party owns separate property acquired before marriage, by gift, devise, or descent, or otherwise traceable to a separate-property source, which shall be confirmed to its respective owner.

10. Community Debts.
The parties have community debts that they have agreed to allocate as set forth in the attached Marital Settlement Agreement.

11. Spousal Support (Alimony).
☐ Neither party seeks spousal support; each waives any claim to alimony.
☐ The parties have agreed to spousal support as set forth in the attached Marital Settlement Agreement.

12. Restoration of Former Name.
☐ Petitioner requests restoration of the former name: [_______________________________].
☐ Not applicable.

WHEREFORE, Petitioner requests that the Court:
(a) Dissolve the marriage of the parties on the ground of incompatibility;
(b) Approve and incorporate the parties' Marital Settlement Agreement (and Parenting Plan, if applicable);
(c) Divide community property and community debts as agreed;
(d) Confirm each party's separate property;
(e) Enter the Final Decree of Dissolution of Marriage; and
(f) Grant such other relief as the Court deems just.

Respectfully submitted,

________________________________________
[PETITIONER NAME], Petitioner Pro Se
[Address] | [Phone] | [Email]

VERIFICATION

STATE OF NEW MEXICO )
COUNTY OF [____________] ) ss.

I, [PETITIONER NAME], being duly sworn, state that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge.

________________________________________
[PETITIONER NAME]

Subscribed and sworn before me on [__/__/____].

________________________________________
Notary Public — My commission expires: [__/__/____]

Document 2 — Domestic Relations Information Sheet (Form 4A-101 Reference)

Document 3 — Summons / Acceptance of Service and Waiver

Acceptance of Service and Waiver

I, [RESPONDENT NAME], acknowledge receipt of a true and correct copy of the Petition for Dissolution of Marriage and Summons in the above-captioned matter on [__/__/____]. I waive formal service of process. I further:

☐ Waive my right to file an Answer and consent to entry of a Final Decree consistent with the attached Marital Settlement Agreement.
☐ Reserve the right to file an Answer within thirty (30) days.

________________________________________
[RESPONDENT NAME], Respondent
Date: [__/__/____]

Subscribed and sworn before me on [__/__/____].

________________________________________
Notary Public

Document 4 — Marital Settlement Agreement (MSA)

MARITAL SETTLEMENT AGREEMENT

This Agreement is made between [PETITIONER NAME] ("Petitioner") and [RESPONDENT NAME] ("Respondent"), collectively the "Parties," on [__/__/____].

1. Recitals

The Parties married on [__/__/____] and separated on [__/__/____]. The Parties wish to settle all matters arising from their marriage, including property, debts, support, and (if applicable) custody and child support.

2. Community Property — Real Property

3. Community Property — Vehicles

4. Bank and Investment Accounts

5. Retirement / Pension Accounts

6. Community Debts

7. Separate Property

Each Party shall retain as separate property all assets acquired before marriage, by gift, devise, or inheritance, as identified in the Parties' financial disclosures.

8. Spousal Support (Alimony)

☐ Both Parties waive past, present, and future alimony.
☐ [Petitioner / Respondent] shall pay alimony of $[_____] per month for [____] months, commencing [__/__/____].

9. Children and Child Support (if applicable)

The Parties have executed a separate Parenting Plan and Child Support Worksheet calculated under NMSA § 40-4-11.1 (income shares model), incorporated by reference.

10. Tax Filings

The Parties shall file [☐ joint / ☐ separate] returns for tax year [____].

11. Mutual Release

Except as set forth herein, each Party releases the other from all claims arising out of the marriage.

12. Full Disclosure

Each Party warrants full and complete financial disclosure.

________________________________________
[PETITIONER NAME] — Date: [__/__/____]

________________________________________
[RESPONDENT NAME] — Date: [__/__/____]

(Notarize both signatures.)

Document 5 — Financial Disclosure Reference

Each party should prepare and exchange a complete Financial Disclosure Declaration listing:

☐ All sources of income (W-2, 1099, self-employment, rental, investment).
☐ Monthly expenses (housing, utilities, food, transportation, insurance, debts).
☐ All assets: real property, vehicles, accounts (bank, brokerage, retirement), business interests.
☐ All liabilities: mortgages, vehicle loans, credit cards, student loans, tax debts.
☐ Three most recent federal tax returns and two most recent paystubs.

Document 6 — Child Support Reference (if children involved)

New Mexico uses an income-shares model under NMSA § 40-4-11.1. Use the official Child Support Worksheet:

• Worksheet A: basic visitation (the other parent has the children less than 35% of the time).
• Worksheet B: shared responsibility (each parent has the children at least 35% of the year and significantly shares parenting duties, responsibilities, and expenses).

Inputs required:
☐ Each parent's gross monthly income.
☐ Cost of children's health/dental insurance (paid by which parent).
☐ Work-related childcare costs.
☐ Number of overnights with each parent per year.

Document 7 — Affidavit of Default (if Respondent does not answer)

If Respondent fails to file an Answer within 30 days of service and has not filed an Acceptance/Waiver consenting to default, Petitioner may submit an Application for Default Judgment together with this Affidavit.

I, [PETITIONER NAME], declare under penalty of perjury that:

1. Respondent was served on [__/__/____].
2. More than 30 days have elapsed and no Answer or other responsive pleading has been filed.
3. Respondent is not a minor, incompetent person, or on active military duty (see attached SCRA non-military affidavit).

________________________________________
[PETITIONER NAME] — Date: [__/__/____]

Document 8 — Final Decree of Dissolution of Marriage

STATE OF NEW MEXICO
COUNTY OF [_______________________]
[___] JUDICIAL DISTRICT COURT

No.: D-[____]-DM-[______]-[______]

FINAL DECREE OF DISSOLUTION OF MARRIAGE

THIS MATTER having come before the Court on the Petition for Dissolution of Marriage, the Court having reviewed the pleadings, the Marital Settlement Agreement, and (if applicable) the Parenting Plan and Child Support Worksheet, and being fully advised, FINDS:

1. The Court has jurisdiction over the parties and the subject matter.
2. Petitioner has been a resident and domiciliary of New Mexico for at least six (6) months immediately preceding filing, in accordance with NMSA § 40-4-5.
3. The parties are incompatible within the meaning of NMSA § 40-4-1, and there is no reasonable possibility of reconciliation.
4. The Marital Settlement Agreement is fair, just, and equitable, and not the product of fraud, coercion, or duress.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

(a) The marriage of [PETITIONER NAME] and [RESPONDENT NAME] is DISSOLVED on the ground of incompatibility.
(b) The Marital Settlement Agreement attached hereto is APPROVED and INCORPORATED by reference.
(c) Community property and community debts are divided as set forth in the MSA.
(d) Separate property is confirmed to each party.
(e) [Spousal support order, if any.]
(f) [Custody, parenting time, and child support order, if applicable, per attached Parenting Plan and Worksheet.]
(g) [PETITIONER NAME] is restored to the former name of [_______________________], if requested.
(h) Each party shall execute all documents necessary to effectuate this Decree.
(i) The Court retains jurisdiction to enforce this Decree.

DATED: [__/__/____]

________________________________________
DISTRICT COURT JUDGE

Approved as to Form and Content:

________________________________________
[PETITIONER NAME] — Date: [__/__/____]

________________________________________
[RESPONDENT NAME] — Date: [__/__/____]

Filing Procedure Checklist

☐ Step 1: Download Forms 4A-100 through 4A-306 from nmcourts.gov, or use the Guide & File interactive tool.
☐ Step 2: Complete Domestic Relations Information Sheet (4A-101) and Petition (4A-102 or 4A-103).
☐ Step 3: File at the District Court Clerk's office in the appropriate county. Pay the $137 fee (or file Application to Proceed In Forma Pauperis).
☐ Step 4: Obtain issued Summons. Serve Respondent personally, by certified mail, or by Acceptance of Service.
☐ Step 5: Await Respondent's Answer (30 days from service) OR file Application for Default.
☐ Step 6: Once both parties have signed the MSA and Final Decree (or default is taken), submit:

• Marital Settlement Agreement
• Parenting Plan + Child Support Worksheet (if children)
• Proposed Final Decree (Form 4A-305 or 4A-306)
• Vital Statistics Certificate of Dissolution
  ☐ Step 7: Judge reviews; may sign without hearing in uncontested cases, or set a brief prove-up.
  ☐ Step 8: Obtain certified copies of Final Decree. The divorce is final upon the judge's signature and entry — no further waiting period.

Sources and References

• NMSA 1978, § 40-4-1 — Grounds (incompatibility)
• NMSA 1978, § 40-4-4 to § 40-4-5 — Residence requirement
• NMSA 1978, § 40-4-7 — Property division and alimony
• NMSA 1978, § 40-3-8 — Community property
• NMSA 1978, § 40-4-11.1 — Child support guidelines
• Rule 1-122 NMRA and Forms 4A-100 through 4A-306 — Domestic Relations Forms
• New Mexico Courts Self-Help: https://selfrepresentation.nmcourts.gov/divorce/
• New Mexico Guide & File: https://nmcourts.gov/resources/guide-file-court-documents/

Disclaimer: This template provides a working framework but is not a substitute for the official Supreme Court-approved Domestic Relations Forms required for filing in New Mexico district courts. Verify current form versions and local district court rules before filing.