Rule 1-120. Domestic relations actions; scope; mandatory use of court-approved forms by self-represented litigants.

A. Scope. Rules 1-120 to 1-128.13 NMRA provide additional rules for domestic relations actions. B. Mandatory use of court-approved forms by self-represented litigants. (1) Dissolution of marriage forms. Self-represented litigants must use Forms 4A-100 through 4A-315 NMRA in dissolution of marriage cases and in any case involving child custody or child support. Upon request, all district courts must provide self-represented litigants in dissolution of marriage proceedings with the Domestic Relations Forms approved by the New Mexico Supreme Court. No court shall distribute forms for use in dissolution of marriage proceedings other than those approved by the New Mexico Supreme Court. Courts must provide Domestic Relations Forms in dissolution of marriage proceedings as follows: (a) Forms 4A-100 through 4A-105 NMRA must be used to file a dissolution of marriage case and to file a response; (b) Forms 4A-200 through 4A-215 NMRA must be used to request temporary assistance from the court after the case has been filed and while it is pending; (c) Forms 4A-300 through 4A-306 NMRA must be used to complete a dissolution of marriage by presenting proposed final orders for court approval; and (d) Forms 4A-310 through 4A-315 NMRA must be used to request a dissolution of marriage by default as provided by Rule 1-055 NMRA and Form 4A-310. (2) Kinship guardianship forms. Self-represented litigants must use Forms 4A-501 through 4A-513 NMRA in all cases under the Kinship Guardianship Act, Sections 40-10B-1 to 40-10B-15 NMSA 1978. C. Notarization. The following forms must be notarized before a self-represented litigant may file them or submit them to the court for approval: (1) Form 4A-301 NMRA (Marital settlement agreement); (2) Form 4A-302 NMRA (Custody plan and order); (3) Form 4A-303 NMRA (Child support obligation and order); (4) Form 4A-314 NMRA (Default judgment and final decree of dissolution of marriage (without children)); (5) Form 4A-315 NMRA (Default judgment and final decree of dissolution of marriage (with children)); (6) Form 4A-505 NMRA (Parental consent to appointment of kinship guardian and waiver of service of process); (7) Form 4A-507 NMRA (Ex parte motion to appoint temporary kinship guardian); and (8) Form 4-968 NMRA (Application to modify, terminate, or extend the order of protection from domestic abuse). D. Mandatory acceptance of filings in dissolution of marriage cases. (1) District courts must accept the forms approved by the New Mexico Supreme Court in dissolution of marriage cases. (2) The clerk of the court must accept a filing submitted by a party in a dissolution of marriage case. The clerk shall not make a determination of whether the filing complies with the Domestic Relations Rules and Forms.