Uncontested Divorce in New Mexico

Although an uncontested divorce is a much less cumbersome process as compared to a contested one, the Petitioner applying for this sort of divorce has to file 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 divorce case.

The Petitioner is the divorcing partner who files the action. The Respondent is the divorcing partner who responds to the action. In this state, the Petitioner files the divorce 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.

5 steps of Uncontested Divorce in New Mexico

• The Selection of forms.
• The Preparation of forms.
• The filing of forms with the clerk in the District Court.
• The service of the process.
• A court hearing.

Forms related to Uncontested Divorce in New Mexico

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 detailed 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 of divorce. 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 in the divorce, the following forms are needed.

• 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 divorce action, then, 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).

Grounds of divorce

• 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 personalities of 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.

Divorce Papers