Packet B Checklist

Uncontested Divorce without Children (Petition - Detailed)

Generally you will need:

Information about the people in the case.
Each person's name, address, phone number, the county where they live, their phone number, and their social security number. If you have children you will also need each child's birthdate and social security number.

Information about the issues in the case.
A list and description of all of the property worth over $250.00 that will be divided in your case. This list should include VIN numbers on cars, bank account numbers, and IRA and retirement account numbers.

A list and description of all of the debt that will be divided in your case. This list should include credit card debt, loans, and account numbers.

If you have children you will also need detailed information about how you are going to share custody of the children and how child support is going to be paid. For example, you will need to know where the children are going to live, and where they are going to spend weekends, birthdays, vacations and holidays. To calculate child support you will need to know how many days during the year the children will spend with each parent, each parent's gross monthly income, the cost of work-related child care and the cost of health insurance for the children.

To complete Packet B you will need:

• Each party's name, address, county of residence, birth date, and social security number.
  
• The name of the county where you are filing your papers.
  
• To know which of you will be the Petitioner and which of you will be the Respondent.
  
• To know whether or not you or the other party have lived in New Mexico for the past six months.
  
• Information about your property and debts, including:
  
  • If you and your spouse own (or owned) a house, lot or mobile home, you will need information about how you will divide the interest in the house, lot or mobile home. You will need to know the following information:
    
    • If you sold it, how did you divide the money from the sale?
      
    • If you are selling it,
      Will one of you stay in the house while it is being sold? If so, will you share expenses for the house (for example, for repairs)? If you share expenses, how will you share them?
      How will you divide the money from the sale?
      
    • If one of you is keeping the house,
      How will that person buy out the other person's interest?
      How will that person get the other person off of the loan papers, if there is a loan?
      
  • A list of the motor vehicles (cars, trucks, boats, etc.) that each of you are keeping, including the vehicle identification number for each vehicle.
    
  • A list of all the property, worth over $250.00, that you are each keeping This list should include land, houses, retirement accounts, bank accounts, personal items, jewelry and art)
    
  • A list of all debt that you are each keeping (including mortgages, loan payments, and credit card debt)
    
  • The last four numbers of all credit cards, bank accounts, and loan accounts.
    
• To know if one person is going to receive alimony from the other person.
  
• To know how you are going to file your tax return for this year. For example, how will you declare your income and deductions for this year? If one party is receiving alimony, how will it be handled for tax purposes? SEE AN ACCOUNTANT OR OTHER PROFESSIONAL about this if necessary.
  
• The name that the wife will take when the divorce is finalized.

If you are asking the court to waive the filing fee because you cannot afford it, you will also need to know:

• How many dependents you have, including yourself.
  
• Your employer's name and address, including city, state and zip code.
  
• What governmental aid you are receiving: (e.g., Food stamps/AFDC, SSI/ Disability,
• Unemployment, or VA benefits.
  
• Your total monthly income before taxes and deductions.
  
• Your monthly total monthly expenses including:
  
  • Rent/mortgage
    
  • Food/groceries
    
  • Child care
    
  • Car payments
    
  • Utilities/telephone
    
  • Medical bills
    
  • Other

Domestic Relations Information Sheet

To complete this form you will need:

• Husband's name
  
• Husband's address, including city, state and zip code
  
• Husband's date of birth
  
• Husband's social security number

• Wife's name
  
• Wife's address, including city, state and zip code
  
• Wife's date of birth
  
• Wife's social security number

Application for Free Process

To complete this form you will need:

Information for the case caption

• Judicial District Number (The computer will have a listing for you to refer to. e.g. First for
• Santa Fe, Rio Arriba, Los Alamos counties or Second for Bernalillo county)
  
• County you are filing in
  
• Name of Petitioner (either Husband or Wife)
  
• Name of Respondent (either Husband or Wife)

Information for the form

• To know the age of the Petitioner (the person who is filing the document, who can't afford the filing fee)
  
• Number of Dependents, including yourself
  
• Your employer's name
  
• Your employer's address, including city, state and zip code
  
• What governmental aid you are receiving: (e.g. Food stamps/ AFDC, SSI/ Disability,
• Unemployment, or VA benefits)
  
• Your total monthly income before taxes and deductions
  
• Your monthly expenses for:
  
  • Rent/ Mortgage
    
  • Food/ Groceries
    
  • Child Care
    
  • Car Payments
    
  • Utilities/ Telephone
    
  • Medical Bills
    
  • Other
    
• Your total monthly expenses

Information regarding signature block

• Your name
  
• Your address, including city, state and zip code
  
• Your telephone number

Joint Petition for Divorce and Marital Settlement Agreement

To complete this form you will need:

Information for the case caption and case filing

• Judicial District Number (The computer will have a listing for you to refer to. e.g. First for Santa Fe, Rio Arriba, Los Alamos counties or Second for Bernalillo county)
  
• County you are filing in
  
• Name of Petitioner (either Husband or Wife)
  
• Name of Respondent (either Husband or Wife)
  
• To know whether one or both of you have lived in New Mexico for the past six months

Information regarding a house, mobile home or lot

• If you own (or owned) a house, lot or mobile home together with your spouse, you will need information about how you will divide the interest in the house, lot or mobile home. You will need the following information:
  • If you sold it, how you distributed the money from the sale.
    
  • If you are selling it,
    
    • How will you divide the money from the sale?
      
    • While the house is being sold, who will stay in the house and how will expenses be split?
      
  • If one of you is keeping the house,
    
    • How will that person buy out the other person's interest?
      
    • How will that person get the other person off of the loan papers, if there is a loan?

Information regarding automobiles

• List of automobiles that Husband is keeping, including VIN numbers
  
• List of automobiles that Wife is keeping, including VIN numbers

Information regarding property and debts

• List of all of property, that is worth over $250, that Husband will keep (including land, houses, retirement accounts, bank accounts, personal items, family collectibles)
  
• List of all of property that is worth over $250 that Wife will keep (including land, houses, retirement accounts, bank accounts, personal items, family collectibles)
  
• List of all debt that Husband will keep (including mortgages, credit card debt)
  
• List of all debt that Wife will keep (including mortgages, credit card debt)
  
• The last four numbers of each credit card, bank account, and loan account
  
• To know how you are going to file your tax return for this year, including how you are going to declare your income, withholding and deductions. SEE AN ACCOUNTANT OR OTHER PROFESSIONAL about this if necessary.

Information regarding Alimony

• To know whether either party will receive alimony from the other
  If alimony will be paid, to know how much will be paid and over what period of time.
  
• To know whether the person who pays alimony will deduct the payments on his/her income tax return and the person receiving it will include the payments on his/her income tax return
  
• To know if you will have a different tax plan for the alimony. SEE AN ACCOUNTANT OR OTHER PROFESSIONAL about this if necessary.

Information for the signature block

• Husband's name
  
• Husband's address, including city, state and zip code
  
• Husband's telephone number

• Wife's name
  
• Wife's address, including city, state and zip code
  
• Wife's telephone number

Final Decree of Dissolution of Marriage

To complete this form you will need:

Information for the case caption

• Judicial District Number (The computer will have a listing for you to refer to. e.g. First for
• Santa Fe, Rio Arriba, Los Alamos counties or Second for Bernalillo county)
  County you are filing in
  
• Name of Petitioner (either Husband or Wife)
  
• Name of Respondent (either Husband or Wife)

Information regarding change of name

• The name that Wife will take when the divorce is finalized

Information for the signature block

• Husband's name
  
• Husband's address, including city, state and zip code
  
• Husband's telephone number

• Wife's name
  
• Wife's address, including city, state and zip code
  
• Wife's telephone number