Dom. Rel. Forms. 4A-305

As amended through November 1, 2024

Rule 4A-305 - Final decree of dissolution of marriage (without children)

STATE OF NEW MEXICO

COUNTY OF _______________

__________________ JUDICIAL DISTRICT

_______________________________

Petitioner,

v. No. __________

_______________________________

Respondent.

FINAL DECREE OF DISSOLUTION OF MARRIAGE (without children)¹

This matter was brought before the Court to enter a Final Decree of Dissolution of Marriage by Petitioner and Respondent ("the parties").

This decree references a Marital Settlement Agreement that has been signed and filed by the parties, and that settles the claims related to their marital relationship.

The Court, having considered the evidence FINDS AND CONCLUDES:

1. The Court has jurisdiction over the subject matter of this action and over the parties.

2. The parties were married on ____________ (date of marriage).

3. The parties are incompatible.

4. The Marital Settlement Agreement is fair and reasonable and should be adopted by the Court.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

1. The marriage of Petitioner and Respondent is dissolved on the grounds of incompatibility.

2. The parties are ordered to comply with the terms of the Marital Settlement Agreement, which has been filed with the Court and is incorporated here by reference.

(Select and complete the following paragraphs if applicable)

[ ] 3. The Court retains jurisdiction to enter QDROs or other orders dividing the retirement plans referenced in the Marital Settlement Agreement.

[ ] 4. Judgment in favor of [ ] Petitioner (or) [ ] Respondent is awarded in the amount of $ _____ Marital Settlement Agreement (Cash Payment). The statutory interest rate shall apply as 1978.

[ ] 5. Petitioner's name is restored to the former name of _______________________ (write fu

[ ] 6. Respondent's name is restored to the former name of _______________________ (write

SO ORDERED:

________________________________

District Court Judge

By signing below I affirm under penalty of perjury under the laws of the State of New Mexico that everything in this document is true and correct to the best of my knowledge, information and belief, including the following:

1.Right to trial is waived. I understand that by signing the Final Decree, I am waiving my right to a trial before a Judge.

2.No duress or coercion; complete agreement. I am not under force, threats, duress, coercion or undue influence from anyone, including the other party, to sign this Final Decree. This Decree and any attachments that I have signed is our full agreement. I have not agreed to something different from what is stated in writing in this Decree.

3.Legal advice. I understand that even if I am representing myself without an attorney, I have the right to be represented by an attorney. I have the right to call an attorney and get legal advice before I sign this Final Decree.

________________________________ ________________________________

Petitioner's signature Respondent's signature

Date: ___________________________ Date: ___________________________

Mailing address: __________________ Mailing address: __________________

________________________________ ________________________________

Telephone: ______________________ Telephone: ______________________

DO NOT FILE THIS PAGE: FOR PARTY USE ONLY

USE NOTES

1. This form may be used anywhere in this state by the court to enter a final decree of dissolution of marriage when the parties do not have minor children or a child under nineteen years of age who is attending high school.

Dom. Rel. Forms. 4A-305

Approved by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers filed on or after5/31/2013, in all cases pending or filed on or after5/31/2013; as amended by Supreme Court Order No. 14-8300-011, effective for all pleadings or papers filed on or after12/31/2014, in all cases filed or pending on or after12/31/2014; as amended by Supreme Court Order No. 16-8300-020, effective for all pleadings and papers filed on or after12/31/2016; as amended by Supreme Court Order No. 19-8300-006, effective for all pleadings and papers filed on or after7/1/2019.

ANNOTATIONS The 2019 amendment, approved by Supreme Court Order No. 19-8300-006, effective July 1, 2019, removed certain language that conflicts with the requirement that a marital settlement agreement must be filed in every dissolution of marriage, made technical and clarifying changes to the form, and revised the Use Notes; in the second undesignated paragraph, deleted the option which stated "A Marital Settlement Agreement that is attached as Exhibit A, because the parties did not settle the claims related to their marital relationship", and made conforming changes; in the third undesignated paragraph, added subparagraph designation "1.", added new Subparagraph 2 and redesignated the succeeding subparagraphs accordingly; in the Order portion of the form, in Paragraph 2, deleted the option stating "[ ] is attached and adopted as the order of the Court." and made conforming changes, and in Paragraphs 5 and 6, deleted "first, middle, and last name" and added "write full legal name"; and in the Use Note, deleted Use Note 2, which provided "If the parties are not in agreement, each party must complete and submit a proposed draft of this document to the court with this decree. See Form 4A-301 NMRA (Marital Settlement Agreement). The court may approve some or all of the proposed terms of either party, or it may order any other terms that it deems are just and proper.". The 2016 amendment, approved by Supreme Court Order No. 16-8300-020, effective December 31, 2016, in Paragraphs 5 and 6, added "(first, middle, and last name)" after each signature line. The 2014 amendment, approved by Supreme Court Order No. 14-8300-011, effective December 31, 2014, simplified the form for use when no children are involved; eliminated the requirement that the parties sign the decree before a notary public; in the title of the rule and form, added "(without children)"; in the introductory sentence, after "Marriage by", added "Petitioner and Respondent ('the parties')"; added the second, third and fourth sentences; deleted former language acknowledging that the respondent had been properly served, that the decree refers to the documents that the parties have selected from a list of documents, including a marital settlement agreement, custody plan, and child support obligation; in the Findings and Conclusions, deleted language that the court has jurisdiction over children, language approving the marital settlement agreement, custody plan, and child support obligation, and language that the respondent is in default; and added Paragraph 3; in the Decree, deleted language that orders the parties to comply with the custody plan, child support obligation, specifies the monthly amount of child support, custody of children, and the court's continuing jurisdiction; added Paragraph 6; after the judge's signature line, added an affirmation by the parties concerning the right to trial, duress and coercion, completeness of the parties' agreement as expressed in the Decree, and legal advice; deleted the acknowledgments for each party; and in the Use Note, in Paragraph 1, after "dissolution of marriage", added the remainder of the sentence; and in Paragraph 2, in the first sentence, after "each party", deleted "(or the petitioner alone, if the respondent is in default)".