Uncontested Divorce in New Mexico

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Every year a number of studies are done in order to find out the divorce rate in the United States. Recent studies reveal that this rate in New Mexico is 3.9 per 1000 people. Thus it seems that a lot of dissolutions happen in this state. New Mexico has formed its own statue pertaining to family laws and has its own provisions for contested and mutual dissolution. Today many separating couples go for uncontested divorce in New Mexico. As such this type of separation is gaining popularity. The main reason behind this is the easy and flexible nature of this procedure. Married partners who want to take decisions regarding their property, children and other ongoing issues in their own way without the intervention of the court prefer mutual termination. If you want to go for such dissolution in New Mexico, you must know all the basic requirements of the process in detail.

Although an undisputed case is a less cumbersome process compared to a contested one, the Petitioner fighting an uncontested divorce in New Mexico has to file a number of forms as detailed below. As far as forms are concerned, there is special emphasis on the presence of minor children and any special conditions in the case.

The Petitioner is the divorcing spouse filing for the case. On the other hand is the Respondent who provides respond to the case. In New Mexico, the Petitioner files the complaint in one of the Judicial Districts of the state. Every district has been empowered with the authority to enforce local rules for that particular court.

We present here some of the significant aspects of an uncontested procedure in this state which will help you in understanding the process clearly.

Grounds for divorce

The general grounds of divorce are:

  • Inhuman and cruel treatment
  • Abandonment
  • Adultery

However, the most frequently used ground is incompatibility. The term "incompatibility" implies that there is conflict and discord between the spouses to such an extent that the legitimate ends of marriage have been destroyed and due to this there is no reasonable expectation of reconciliation.

5 steps of Uncontested Divorce in New Mexico

The basic steps of such process are:

  • Selection of forms
  • Preparation of forms
  • Filing of forms with the clerk in the District Court
  • Service of the process
  • A court hearing

Forms related to Uncontested Divorce

In case of the Petition, the required forms are as follows:

  • DNM-105: This document lists the relief sought.
  • DNM-104: This form comprises of an outline of distribution of retirement benefits and a request for restoration of name.
  • DNM-103: Community property, assets and liabilities are mentioned in this form.
  • DNM-102: This document includes details of wage assignment, income tax deduction, health insurance, child support and visitation.
  • DNM-101: This form mentions the grounds for dissolution. It endorses that the wife is not pregnant. The form also consists of information of child custody, spousal maintenance and children.
  • DNM-100: This form is used to identify the parties. The marital facts, domiciliary and personal information of the divorcing parties is required in this form.

Depending on the conditions prevailing between the couple, the following forms are required:

  • DNM-900: Certificate as the State of the Record and Non-Appearance: This is a certificate that the Respondent has failed to provide an Answer to the Petition.
  • DNM-850: Entry of Default: This document is used along with the Affidavit for Entry of Default.
  • DNM-800: Affidavit for Entry of Default: If a person other than the Petitioner makes the service then this form is used.
  • DNM-700: Waiver of Waiting Period: If the Respondent signs an Appearance, Waiver and Consent form then this form has to be used.
  • DNM-600: Wife's Consent to Restore Former Name: This form has to be completed when the Respondent is the wife and she makes a request for this form.

When minor children are involved in the court action, the Petitioner is supposed to select and file the following forms:

  • DNM-300 a-b: Affidavit concerning Child Custody
  • DNM-225 a-b-c: Joint Custody Parenting Plan
  • DNM-111: Monthly Child Support Worksheet B (Joint Custody)
  • DNM-110: Monthly Child Support Worksheet A (Sole Custody)

You should plan your actions once you decide to go for a divorce. Even when you are going for an undisputed case you need to consider the fact that you have to complete a lot of legal formalities at the right time. Start making preparations for your uncontested divorce in New Mexico so that the legal procedures don't get delayed. Remember a well-planned today will lead to a secured tomorrow.

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