FIRST JUDICIAL DISTRICT COURT STATE OF NEW MEXICO COUNTY OF _____________________ ___________________________________ Petitioner, vs. Case Number:______________________ ___________________________________ Respondent. PETITION FOR DISSOLUTION OF MARRIAGE [With Minor Children, Complex Property Issues] PETITIONER comes before this court and requests that the marriage between Petitioner and Respondent be dissolved. Petitioner states that the following conditions are true: The Parties 1. The Petitioner has resided in New Mexico for at least six months prior to the filing of County. Venue is this Petition and Petitioner is a resident of proper because the Petitioner lives in the county listed in the case caption above. 2. Petitioner and Respondent were married in ____________________________ on the date of _________________. We have been husband and wife since that time. Grounds for Divorce 3. Due to differences in temperament and outlook the Petitioner and Respondent have been unable to live together harmoniously. There is discord and conflict of personalities that have destroyed the marital relationship. A state of incompatibility exists between the parties, and there is no reasonable expectation of reconciliation. Children [If you do not have children, you are using the wrong form.] 4. There is or are minor child(ren) of this marriage. 5. The name(s) and date(s) of birth of the child(ren) is/are: Name Date of Birth Age __________________________________ _____________________ _______ __________________________________ _____________________ _______ 6. Check one box only. Share/Divorce, Contested, w, complex / pg.2, Overview CWC 8.12.08 25 American LegalNet, Inc. www.FormsWorkFlow.com A. Neither Petitioner nor Respondent is pregnant. OR B. _______________________________, (circle one) Petitioner Respondent herein, is pregnant and is due to deliver the child on or about ________________________. Residence of Children 7. Our child(ren) have lived in New Mexico since birth or for at least the past six (6) months. During the past five years, the minor child(ren) has/have lived with the following persons, at the following places, and for the following periods of time: Child=s Address Child’s Name: Dates of Residence Other people who lived at the residence at that time Dates of Residence Other people who lived at the residence at that time Present Address: Past Addresses: Child=s Address Child’s Name: Present Address: Past Addresses: Other Court Cases Involving the Children [Check One] [ ] 8(a). Petitioner knows of no other litigation, past or present (including a domestic violence case), concerning custody or visitation involving the minor child(ren) of the parties in New Mexico or in any other state in which Petitioner has participated as a party, as a witness, or in any other capacity. OR [ ] 8(b). Petitioner knows of other litigation concerning custody or visitation involving the minor child(ren) of the parties in New Mexico or in any other state in which Petitioner has Share/Divorce, Contested, w, complex / pg.2, Overview CWC 8.12.08 26 American LegalNet, Inc. www.FormsWorkFlow.com participated as a party, as a witness, or in any other capacity. The other litigation concerning custody or visitation involving the minor child(ren) of the parties is: Case Name Case Number Court Name Location Other Custody Claims [Check One] [ ] 9(a). Petitioner knows of no persons other than the parties who have legal or physical custody of the minor child(ren) or who claim to have custody or visitation rights to the minor child(ren). OR [ ] 9(b). Petitioner knows of persons other than the parties who have legal or physical custody of the minor child(ren) or who claim to have custody or visitation rights to the minor child(ren): Child(ren): Name of person claiming custody Address Child(ren): Name of person claiming custody Custody Request [Check One] Address (Note: the law presumes that joint legal custody is in the best interests of the child. Carefully review New Mexico Statutes Annotated Section 40-4-9.1 for more information about child custody.) [ ] 10(a). The parties should be awarded joint legal custody of the minor child(ren), with periods of care and responsibility consistent with the best interests of the child(ren) as follows: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ __________________________________________________________________________. OR Share/Divorce, Contested, w, complex / pg.2, Overview CWC 8.12.08 27 American LegalNet, Inc. www.FormsWorkFlow.com [ ] 10(b). _______________________ should be awarded sole legal and physical custody of the minor child(ren) subject to the other parent's reasonable rights of visitation because Child Support [Check One] [ ] 11(a). Child support should be set according to the New Mexico Child Support Guidelines. OR [ ] 11(b). Child support should vary from the New Mexico Child Support Guidelines because ___________________________________________________________________. Life Insurance [Optional – life insurance is not required under New Mexico law] [ ] 12. __________________________ should be ordered to purchase life insurance with a benefit amount of $______________, naming the other parent as trustee for the benefit of the minor child(ren) in order to pay the child support obligation upon the other parent's death. Health Care Insurance [Check One] [ ] 13(a) The child(ren) is/are currently covered by health and dental care insurance provided by ______________________________. OR [ ] 13(b) The child(ren) is/are currently covered by Medicaid or some other coverage not provided by the parents. OR [ ] 13 (c)__________________________________should provide health and dental insurance for the minor child(ren). Medical Expenses Not Paid By Insurance [Check One] [ ] 14(a). The parties should pay the child(ren)'s health and dental expenses not paid by insurance in the percentages shown on the child support worksheet. OR Share/Divorce, Contested, w, complex / pg.2, Overview CWC 8.12.08 28 American LegalNet, Inc. www.FormsWorkFlow.com [ ] 14(b). The parties should each pay one-half of the child(ren)'s health and dental expenses not paid by insurance. OR [ ] 14(c). ___________________________________should pay 100% of the child(ren)'s health and dental expenses not paid by insurance. OR [ ] 14(d). The parties should pay the child(ren)'s health and dental expenses not paid by insurance as follows: ___________________________________________________________. Community Property [Check One] [Note: Community property generally includes all real and personal property acquired during marriage, except property received by a party through gift, inheritance or agreement of the parties. For more information about community property and debts, refer to New Mexico Statutes Annotated, Sections 40-3-1 through 40-3-17.] [ ] 15(a). Petitioner and Respondent have no community property. OR [ ] 15(b). Petitioner and Respondent have accumulated community property during their marriage and they have already divided it. OR [ ] 15(c). Petitioner and Respondent have accumulated community property during their marriage which should be divided between them. Community Debts [Check One] [Note: Community debts generally includes all real and personal debts acquired during marriage, except separate debts.] [ ] 16(a). Petitioner and Respondent have no community debts. OR [ ] 16(b). Petitioner and Respondent have incurred community debt during their marriage and they have already divided the debt. OR [ ] 16(c). Petitioner and Respondent have incurred community debts during their marriage which should be divided between them. Share/Divorce, Contested, w, complex / pg.2, Overview CWC 8.12.08 29 American LegalNet, Inc. www.FormsWorkFlow.com Separate Property [Check One] [Note: Separate property generally means property acquired before marriage or acquired during marriage by gift, inheritance or agreement of the parties.] [ ] 17(a). Neither Petitioner nor Respondent have any separate property. OR [ ] 17(b). Petitioner or Respondent (circle the appropriate party) has separate property which should be confirmed to the rightful owner of that property. Separate Debts [Check One] [Note: Separate debts generally means debts acquired before marriage, gambling debts acquired during marriage, or debts acquired during marriage by gift, inheritance or agreement of the parties.] [ ] 18(a). Neither Petitioner nor Respondent have any separate debts. OR [ ] 18(b). Petitioner or Respondent (circle the appropriate party) has separate debts which should be awarded to the person who incurred the separate debts. Spousal Support [Alimony] [Check One] [Note: the law regarding spousal support is very complicated. You are STRONGLY advised to consult an attorney if you think spousal support is appropriate in your case.] [ ] 19(a). Each party is self-supporting or is able to be self-supporting, and neither party should receive spousal support. OR [ ] 19(b). ___________________________is unable to earn sufficient income to be selfsupporting and is in need of temporary or permanent support and maintenance. ________________ is capable of paying reasonable support to the other party. Name Change [Optional] [ ] 20. __________________ desires to change her name to ______________________. WHEREFORE, Petitioner asks the Court to: A. Dissolve the marriage of the parties on the grounds of incompatibility. B. Enter a Final Decree of Dissolution granting relief consistent with the terms of this Petition. C. Grant such other and further relief as the Court deems just and equitable. Share/Divorce, Contested, w, complex / pg.2, Overview CWC 8.12.08 30 American LegalNet, Inc. www.FormsWorkFlow.com Respectfully submitted: __________________________________________ Signature of Petitioner Print Name Address City, State, Zip Phone STATE OF NEW MEXICO COUNTY OF ___ ) )ss. ) I, the Petitioner, being first duly sworn upon my oath, depose and state that I am the Petitioner in the above-entitled cause. I have read the attached PETITION FOR DISSOLUTION OF MARRIAGE. I state that the contents thereof are true and correct, except to the matters stated on information and belief, and those matters I believe to be true. Signature: Subscribed and sworn to before me this by . day of , 20 My Commission Expires: Notary Public Share/Divorce, Contested, w, complex / pg.2, Overview CWC 8.12.08 31 American LegalNet, Inc. www.FormsWorkFlow.com