Eleventh Judicial District Court, San Juan County
Packet D (Uncontested Divorce - With Children)
4A-100. Domestic Relations Forms – Instructions for Stage 1 (rev. 01/2015)
This person is referred to as a “petitioner” solely for purposes of identifying the parties in the court system;
(13) “property” means the types of property the parties to a divorce may own, including
community, separate, or quasi-community as defined in Section 40-3-8 NMSA 1978. Property includes,
but is not limited to: homes, land, livestock, cars/vehicles, furniture, savings and checking accounts,
retirement accounts, jewelry, inheritances, tools, and art. The name of the party on the title to the property
may not be the sole owner of the property. Questions about whether property is separate or community
should be referred to a private attorney or the court, as appropriate;
(14) “respondent” means the second party named on a petition in a domestic relations
proceeding;
(15) “service” or “service of process” means having a person eighteen (18) years or
older, who is not a party to the action, give papers to a named party in a case by personally handing the
paperwork to the person, or having the papers delivered to a named party in a case by some other way as
described in Rule 1-004 NMRA;
(16) “summons” means a notice to the respondent that a lawsuit has started. The
summons notifies the respondent to respond to the divorce petition within the specified deadline.
The summons is a two-part form. On the first part, the summons has information about the court,
names and addresses of the parties, the deadline for a response, and notice that a default may happen for
failure to respond. The second part of the summons is the return. The summons is served on the respondent.
Once the respondent is served, the return must be filled out by the person who did the service of process
and signed by that person with a notarized signature. When the original summons, including the return, is
completely filled out and signed, the petitioner is responsible for filing it with the district court. The
summons form is Form 4-206 NMRA. Filing the completed summons and return lets the court know that
the respondent has been served;
(17) “summons packet” means a copy of the summons (Form 4-206 NMRA), petition
for dissolution of marriage (Form 4A-102 or 4A-103 NMRA), temporary domestic order (Form 4A-201
NMRA), and a blank copy of the Domestic Relations Information Sheet (Form 4A-101 NMRA). See
Paragraph E below for more information. The summons packet is served on the respondent;
(18) “temporary domestic order” means an order issued by the court when a divorce
proceeding is filed that instructs the parties on how to conduct themselves regarding interactions with each
other, finances, children, and property until the divorce is final. The temporary domestic order is Form 4A-
201 NMRA;
(19) “time sharing and order for support and care of children” means one or more orders
of the court to include a parenting plan as defined in Paragraph L of Section 40-4-9.1 NMSA 1978
containing the duties of the parents of minor children relating to child custody, time sharing, visitation, and
support, including support of a child under nineteen (19) years of age who is attending high school;
(20) “uncontested divorce proceeding” means a divorce proceeding in which the parties
are in complete agreement as to all the decisions that must be made to finalize a divorce, including but not
limited to decisions regarding the division of property, debts, spousal support, child custody, timesharing,
visitation, and child support, and present the following required forms, completed and signed by both
parties, for filing at the same time;
(a) Without children. If the parties do not have minor children, the following forms
must be filed in an uncontested divorce proceeding;
(i) Domestic relations information sheet, Form 4A-101 NMRA;
(ii) Petition for dissolution of marriage (without minor children), Form 4A-
102 NMRA;
4A-305 NMRA.
(iii) Marital settlement agreement, Form 4A-301 NMRA; and
(iv) Final decree of dissolution of marriage (without minor children), Form
(b) With children. If the parties have minor children, the following forms must be
filed in an uncontested divorce proceeding;
(i) Domestic relations information sheet, Form 4A-101 NMRA