Form 4A-314. Default judgment and final decree of dissolution of marriage (without children).

STATE OF NEW MEXICO COUNTY OF _______________ __________________ JUDICIAL DISTRICT _______________________________ Petitioner, v. No. __________ _______________________________ Respondent. DEFAULT JUDGMENT AND FINAL DECREE OF DISSOLUTION OF MARRIAGE (without children)1 _________________________ (Petitioner’s name) and _______________________ (Respondent’s name) are married. Respondent failed to respond to the petition for dissolution of marriage after being served. The judge may make changes to this default decree and both parties must comply with any changes made. The parties were married on ____________ (date of marriage). I. PROPERTY BEING DIVIDED2 A. Personal property (such as clothing, furniture, jewelry, or artwork). Attached is a Personal Property List (Attachment A) showing all property and which party shall receive that property. (Choose 1 or 2) [ ] 1. Each party already has possession of all the personal property each party will rece (Or) [ ] 2. The party in possession of personal property to be received by the other party sha within ____ days after this default judgment is signed by the judge and filed in the B. Real Property (such as a home, mobile home, condominium, lot, or commercial building).3 (Choose all that apply) [ ] 1. Neither party owns real property. [ ] 2. The parties own a marital home, which is located at ____________________________ address), and with which they shall do the following: (Complete the correct section: a. Keep the home; b. Sell the home; or c. Other plan.) [ ] a . Keep the home. _________________________________ (name of Petitioner or Respondent) shall keep the home and shall be responsible for all debts related to the home. The person who keeps the home is called the “homeowner.” The other person is called the “moving spouse.” (Choose all that apply) [ ] i. The amount owed to the moving spouse to buy out that person’s interest is $______________, which is included in the calculation of the Cash Payment, Section III, below. [ ] ii. The homeowner shall apply to refinance the debt owed on the home no later than _______________________________ (date). [ ] iii. The homeowner shall buy out the moving spouse’s interest in the home or get the moving spouse off of the loan papers as follows:4 _____________________________________________________ ____ _____________________________________________________ ____ _____________________________________________________ ____ _____________________________________________________ ____ [ ] b . Sell the home. The home shall be sold and the money from the sale shall be divided as follows: _________________________________________________________ ____________ _________________________________________________________ ____________ _________________________________________________________ ____________. While the home is being sold, [ ] Petitioner (or) [ ] Respondent (choose one) shall stay in the home. Until the home sells, the parties shall pay expenses, including mortgage, taxes and insurance, utility bills, and repairs for the home as follows (describe who is to pay and how much each person will pay): _________________________________________________________ ____________ _________________________________________________________ ____________ _________________________________________________________ ____________. The parties shall cooperate with the showing of the home and the sale of the home, including signing all paperwork needed in order to sell it and transfer title. Both parties shall preserve the home in a reasonable way including the following things: _________________________________________________________ ____________ _________________________________________________________ ____________ _________________________________________________________ ____________. [ ] c . Other plan. Attached is a separate sheet with the plan regarding the home. [ ] . One or both of the parties has other real property as set forth in the attached Real Property List (Attachment B), and that property shall be divided as set forth in the attachment. If one party owes the other money for the division of the other real property, that amount is included in the calculation of the Cash Payment, Section III, below. C. Bank and investment accounts (such as checking accounts, savings accounts, stocks, bonds, certificates of deposit, mutual funds, or life insurance policies with cash value). (Choose 1 or 2) [ ] 1. The parties do not have any bank or investment accounts. (Or) [ ] 2. The parties have the following bank or investment accounts and shall divide them as follo Petitioner shall have the following bank or investment accounts: Name of institution ________________________________ ________________________________ ________________________________ Last four (4) digits of account number ___________________ ___________________ ___________________ Respondent shall have the following bank or investment accounts: Name of institution ________________________________ ________________________________ ________________________________ Last four (4) digits of account number ___________________ ___________________ ___________________ D. Retirement Plans (such as IRAs, retirement accounts, pension plans, or 401(k) plans).5 (Choose 1 or 2) [ ] 1. Neither party has a retirement plan. (Or) [ ] 2. The parties shall divide the retirement plan(s) as follows: Petitioner has the following retirement plan(s): (Circle one to show whether Petitioner will KEEP the entire plan, DIVIDE the plan with Respondent, or TRANSFER the entire plan to Respondent) If plan will be DIVIDED, the amount or % to be given to Respondent: [KEEP] [DIVIDE] [TRANSFER] [KEEP] [DIVIDE] [TRANSFER] [KEEP] [DIVIDE] [TRANSFER] Respondent has the following retirement plan(s): (Circle one to show whether Respondent will KEEP the entire plan, DIVIDE the plan with Petitioner, or TRANSFER the entire plan to Petitioner) If plan will be DIVIDED, the amount or % to be given to Petitioner: [KEEP] [DIVIDE] [TRANSFER] [KEEP] [DIVIDE] [TRANSFER] [KEEP] [DIVIDE] [TRANSFER] If any retirement plan will be divided, a Qualified Domestic Relations Order (“QDRO”) shall be prepared and submitted to the Court by Petitioner by _______________________________ (date).6 E. Vehicles (such as cars, trucks, motorcycles, recreational vehicles, boats, tractors, or trailers).7 (Choose 1 or 2) [ ] 1. The parties do not have any vehicles. (Or) [ ] 2. The parties have vehicles and shall divide them as follows: Petitioner shall keep the following vehicles and assume any debt relating to each vehicle (p each vehicle and list the vehicle identification number): Vehicle description ________________________________ ________________________________ ________________________________. Vehicle Identification No. (last six digits) ________________________________ ________________________________ ________________________________. Respondent shall keep the following vehicles and assume any debt relating to each vehicle of each vehicle and list the vehicle identification number): Vehicle description ________________________________ ________________________________ ________________________________. Vehicle Identification No. (last six digits) ________________________________ ________________________________ ________________________________. Each party listed above as keeping the vehicles shall pay for the costs of the vehicles, inclu transfer title by the following date: [ ] ___________________________ (date). (Or) [ ] when the vehicle is paid off. (Or) [ ] the party who is keeping the vehicle already has the title in his/her name. F. Other property (such as business interests, patents, trademarks, copyrights, royalties, manuscripts, or any other property). (Choose 1 or 2) [ ] 1. Neither party has any other property. (Or) [ ] 2. One or both parties has the other property listed below, and shall divide it as follows: ______________________________________________________________________ ______________________________________________________________________ _____________________________________________________________________. II. DEBTS BEING DIVIDED8 A. Debt. Attached is a Debt List (Attachment C) which lists all of the parties’ debts, including mortgages, vehicle payments, taxes, credit cards, student loans, medical debts, judgments, and any other debts the parties may have. Any debt not listed is the responsibility of the person who created it. Each party shall pay debts created by that party prior to the marriage, unless stated differently here. Unless stated differently here, a party who takes property (such as a house or car) with a debt associated with it, shall take the debt. (Choose all that apply) [ ] The parties have no debt from the marriage. [ ] Each party shall pay the debts as listed on Attachment C. [ ] The amount owed from ______________________ to _____________________ for the division of the debts is $_______________, which is included in the calculation of the Cash Payment, Section III, below. B. Credit cards and charge cards. Each party shall turn in and cancel all joint credit cards, or shall have the credit card company take the other party’s name off of the account. C. Taxes. The parties shall share information necessary to correctly file income tax returns. Each party will get the help needed to file taxes. D. Problem with tax returns. If any tax returns that the parties filed jointly are audited or contested, the parties should meet to decide what to do. If the parties cannot decide who pays the taxes owed or who gets any refund, they will ask a judge to decide at the time the problem comes up. E. Failure to pay debts. If either party fails to pay the debts each is ordered to pay, the other party may end up making that payment. If that happens, the party who should have paid may have to repay the other party, including any other extra costs caused by the failure to pay, such as attorney fees, late fees, and interest charged by the creditor. III. CASH PAYMENT To equalize the division of property and debts, ________________________ (name) shall pay _________________________ (name) the amount of $______________ no later than _________________ (date). Judgment shall enter in this amount in favor of _______________ (name of person owed money). The statutory interest rate shall apply as provided in Section 56-8-4(A) NMSA 1978. IV. SPOUSAL SUPPORT9 (Choose 1 or 2) [ ] 1. No spousal support. Each party can support himself or herself and neither shall other. (Or) [ ] 2. Spousal support. [ ] Petitioner (or) [ ] Respondent (choose one) shall pay spousa Spousal support shall be paid as follows: (Choose i, ii, or iii) [ ] i. $_______________ per month on the _________________ (date) of each mont (period of time), which is not modifiable. (Or) [ ] ii. $_______________ per month on the ________________ (date) of each month [ ] iii. Other plan: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 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 are incompatible. 3. The division of property and debts in this Default Judgment and Final Decree of Dissolution of Marriage is fair and reasonable. 4. Respondent’s default has been certified 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 this Default Judgment and Final Decree of Dissolution of Marriage. (Select and complete the following paragraphs if applicable) [ ] 3. The Court retains jurisdiction to enter QDROs or other orders dividing the retirement pla Judgment and Final Decree of Dissolution of Marriage. [ ] 4. Judgment in favor of [ ] Petitioner (or) [ ] Respondent is awarded in the amount of $____ Section III (Cash Payment) of this Default Judgment and Final Decree of Dissolution of rate shall apply as provided in Section 56-8-4(A) NMSA 1978. [ ] 5. Petitioner’s name is restored to the former name of ________________________ (writ ________________________________ Date SO ORDERED: ____________________________________ District Court Judge VERIFICATION I, __________________________, am the Petitioner, and I affirm under oath and penalty of perjury under the laws of the State of New Mexico the following: I am signing this document alone because Respondent is in default; I have disclosed all assets and debts known to me; This document and the statements in it are true and correct to the best of my knowledge and belief; I understand that I can be punished both civilly and criminally if any information in this document is false. Submitted/Approved by ________________________________ Petitioner Date ________________________________ Mailing address ________________________________ City, state, and zip code ________________________________ Telephone number STATE OF NEW MEXICO ) COUNTY OF __________________ ) ss. Acknowledged, signed and sworn to before me this _____ day of _____________, _____ by _______________________, the petitioner. _________________________ Notary public My commission expires: __________________. ATTACHMENT A: PERSONAL PROPERTY LIST (Attach additional pages if needed) List all items of value to you, such as furniture, household items, electronics, art, jewelry, and tools. Item Dollar Value Will belong to (check box for each item): Petitioner Respondent ATTACHMENT B: REAL PROPERTY LIST (Attach additional pages if needed) List all homes (other than the marital home), land, or other real property owned by Petitioner or Respondent. Other Real Property 1. Address/Description of property: ______________________________________ The parties shall do the following with the property after the divorce: (Choose all that apply) _____ Petitioner will keep the property; _____ Respondent will keep the property; _____ [ ] Petitioner [ ] Respondent shall pay the other party $_______________. _____ The property will be sold and the proceeds divided as follows: ________________________________________________________________ ________________________________________________________________ _____ Other plan: ________________________________________________________________ ________________________________________________________________ 2. Address/Description of property: ______________________________________ The parties shall do the following with the property after the divorce: (Choose all that apply) _____ Petitioner will keep the property; _____ Respondent will keep the property; _____ [ ] Petitioner [ ] Respondent shall pay the other party $_______________. _____ The property will be sold and the proceeds divided as follows: ________________________________________________________________ ________________________________________________________________ _____ Other plan: ________________________________________________________________ ________________________________________________________________ ATTACHMENT C: DEBT LIST (Attach additional pages if needed) (NOTE: This document is a public document. DO NOT list the full account number for any credit card or other loan information that you would not want to make public.) This decree may not bind creditors. Creditor Last four (4) numbers on account Amount owed Will be paid by (check box): Petitioner Respondent THIS PAGE IS NOT FOR FILING