Default Judgment And Final Decree With Children

1 Rev. 12/31/16 STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT Petitioner, v. No. Respondent. DEFAULT JUDGMENT AND FINAL DECREE OF DISSOLUTION OF MARRIAGE (with children)1 (Petitioner222s name) and (Respondent222s 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. 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 receive in this judgment. (or) [ ] 2. The parties shall get some or all of the property from the other party after this default judgment is signed by the judge and filed in the court. B. Real Property (such as a home, mobile home, condominium, lot, or commercial building).3 (Choose all that apply) [ ] 1. Neither party has real property. [ ] 2. The parties have a marital home, which is located at American LegalNet, Inc. www.FormsWorkFlow.com 2 Rev. 12/31/16 (street 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 223homeowner.224 The other person is called the 223moving spouse.224 (Choose all that apply) [ ] i. The amount owed to the moving spouse to buy out that person222s 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 spouse222s 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): . American LegalNet, Inc. www.FormsWorkFlow.com 3Rev.12/31/16The 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. [ ] 3. 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 follows: 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 ast four (4) digits of account number D.Retirement Plans (such as IRAs, retirement accounts, pension plans, or 401(k) American LegalNet, Inc. www.FormsWorkFlow.com 4Rev.12/31/16plans).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 (223QDRO224) shall be prepared and submitted to the Court by Petitioner by (date).6 E.Vehicles (such as cars, trucks, motorcycles, recreational vehicles, boats, tractors, ortrailers).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 (provide the make, model, and year of each vehicle and list the vehicle American LegalNet, Inc. www.FormsWorkFlow.com 5Rev.12/31/16identification number): Vehicle description VehicleIdentification No. . Respondent shall keep the following vehicles and assume any debt relating to each vehicle (provide the make, model, and year of each vehicle and list the vehicle identification number): Vehicle description VehicleIdentification No. . Each party listed above as keeping the vehicles shall pay for the costs of the vehicles, including insurance. The parties shall transfer title by the following date: [ ] (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 as follows: II.DEBTS BEING DIVIDED8A.Debt. Attached is a Debt List (Attachment C) which lists all of the parties222 debts, American LegalNet, Inc. www.FormsWorkFlow.com 6Rev.12/31/16including 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 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 timethe problem 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 PAYMENT To equalize the division of property and debts, (name) shall pay (name) the amount of $ no later than (date). Judgment