Default Judgment And Final Decree Of Dissolution Of Marriage (Without Children) {4A-314}

4A-314. Default judgment and final decree of dissolution of marriage (without children).STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICTPetitioner,v.No. Respondent.DEFAULT JUDGMENT ANDFINAL DECREE OF DISSOLUTION OF MARRIAGE(without children)1 (Petitioner222s name) and (Respondent222s name) are married. Respondent failed to respond to the petition for dissolution ofmarriage after being served. The judge may make changes to this default decree and both partiesmust comply with any changes made.I.PROPERTY BEING DIVIDED2A.Personal property (such as clothing, furniture, jewelry, or artwork). Attached is aPersonal Property List (Attachment A) showing all property and which party shall receivethat property.(Choose 1 or 2)[ ]1.Each party already has possession of all the personal property each party willreceive in this judgment.(or)[ ]2.The parties shall get some or all of the property from the other party after thisdefault judgment is signed by the judge and filed in the court.B.Real Property (such as a home, mobile home, condominium, lot, or commercialbuilding).3 (Choose all that apply)[ ]1.Neither party has real property. American LegalNet, Inc. www.FormsWorkFlow.com [ ]2.The parties have a marital home, which is located at (streetaddress), and with which they shall do the following:(Complete the correct section: a. Keep the home; b. Sell the home; or c. Otherplan.)[ ]a.Keep the home. (name of Petitioner orRespondent) shall keep the home and shall be responsible for all debtsrelated to the home.The person who keeps the home is called the 223homeowner.224 The otherperson is called the 223moving spouse.224(Choose all that apply)[ ]i.The amount owed to the moving spouse to buy out that person222sinterest is $, which is included in thecalculation of the Cash Payment, Section III, below.[ ]ii.The homeowner shall apply to refinance the debt owed on thehome no later than (date).[ ]iii.The homeowner shall buy out the moving spouse222s interest in thehome 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 shallbe divided as follows:While the home is being sold, [ ] Petitioner (or) [ ] Respondent (chooseone) 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): American LegalNet, Inc. www.FormsWorkFlow.com .The parties shall cooperate with the showing of the home and the sale ofthe home, including signing all paperwork needed in order to sell it andtransfer title. Both parties shall preserve the home in a reasonable wayincluding the following things:.[ ]c.Other plan. Attached is a separate sheet with the plan regarding the home. [ ]3.One or both of the parties has other real property as set forth in the attached RealProperty List (Attachment B), and that property shall be divided as set forth in theattachment. If one party owes the other money for the division of the other realproperty, that amount is included in the calculation of the Cash Payment, SectionIII, 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 themas follows:Petitioner shall have the following bank or investment accounts:Name of institutionLast four (4) digits of account numberRespondent shall have the following bank or investment accounts:Name of institutionLast four (4) digits of account number American LegalNet, Inc. www.FormsWorkFlow.com 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 thefollowing retirementplan(s):(Circle one to show whetherPetitioner will KEEP the entireplan, DIVIDE the plan withRespondent, or TRANSFER theentire plan to Respondent)If plan will beDIVIDED, theamount or % tobe given toRespondent:[KEEP] [DIVIDE] [TRANSFER][KEEP] [DIVIDE] [TRANSFER][KEEP] [DIVIDE] [TRANSFER]Respondent has thefollowing retirementplan(s):(Circle one to show whetherRespondent will KEEP the entireplan, DIVIDE the plan withPetitioner, or TRANSFER theentire plan to Petitioner)If plan will beDIVIDED, theamount or % tobe given toPetitioner:[KEEP] [DIVIDE] [TRANSFER][KEEP] [DIVIDE] [TRANSFER][KEEP] [DIVIDE] [TRANSFER]If any retirement plan will be divided, a Qualified Domestic Relations Order(223QDRO224) shall be prepared and submitted to the Court by Petitioner by (date).6E.Vehicles (such as cars, trucks, motorcycles, recreational vehicles, boats, tractors, ortrailers).7(Choose 1 or 2)[ ]1.The parties do not have any vehicles. American LegalNet, Inc. www.FormsWorkFlow.com (or)[ ]2.The parties have vehicles and shall divide them as follows:Petitioner shall keep the following vehicles and assume any debt relating to eachvehicle (provide the make, model, and year of each vehicle and list the vehicleidentification number):Vehicle descriptionVehicle Identification No..Respondent shall keep the following vehicles and assume any debt relating toeach vehicle (provide the make, model, and year of each vehicle and list thevehicle identification number):Vehicle descriptionVehicle Identification No..Each party listed above as keeping the vehicles shall pay for the costs of thevehicles, including insurance. The parties shall transfer title by the followingdate:[ ] (date).(or)[ ]when the vehicle is paid off.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 asfollows: American LegalNet, Inc. www.FormsWorkFlow.com .II.DEBTS BEING DIVIDED8A.Debt. Attached is a Debt List (Attachment C) which lists all of the parties222 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 theresponsibility of the person who created it. Each party shall pay debts created by thatparty prior to the marriage, unless stated differently here. Unless stated differently here, aparty who takes property (such as a house or car) with a debt associated with it, shall takethe 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 forthe division of the debts is $, which is included in the calculationof 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 party222s 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 orcontested, the parties should meet to decide what to do. If the parties cannot decide whopays the taxes owed or who gets any refund, they will ask a judge to decide at the time theproblem comes up.E.Failure to pay debts. If either party fails to pay the debts each is ordered to pay, theother party may end up making that payment. If that happens, the party who should havepaid may have to repay the other party, including any other extra costs caused by thefailure to pay, such as attorney fees, late fees, and interest charged by the creditor.III.CASH PAYMENTTo equalize the division of property and debts, (name)shall pay (name) the amount of $ no laterthan (date). Judgment shall enter in this amount for (name). The statutory interest rate shall apply as provided in Section 56-8-4(A) NMSA 1978. American LegalNet, Inc. www.FormsWorkFlow.com IV. SPOUSAL SUPPORT9(Cho