Dom. Rel. Forms. 4A-310

As amended through February 27, 2024

Rule 4A-310 - Domestic relations forms; instructions for default proceedings

If you are the Petitioner AND more than thirty (30) days have passed since you served the Respondent with the Petition AND the Respondent has failed to file a Response or to otherwise respond to the Petition, you may be granted a divorce without the agreement of the Respondent. This is called a default judgment. You may request a default judgment and final decree of dissolution of marriage by doing the following:

A. Complete and file with the Court Clerk's Office an Affidavit as to Respondent's Failure To Plead or Otherwise Defend (Form 4A-311 NMRA); your affidavit must include a certificate verifying the other party's active duty military status, which you can obtain online at https://dmdc.osd.mil/appj/scra/single_record.xhtml; when you file your affidavit, bring a blank Certificate as to the State of the Record (Form 4A-312 NMRA) and a self-addressed, stamped envelope so that the Clerk can return a completed certificate to you;

B. After you receive the completed Certificate as to the State of the Record (Form 4A-312 NMRA) from the Clerk, attach the certificate to an Application for Default Judgment and Final Decree of Dissolution of Marriage (Form 4A-313 NMRA), and file the application with the Court Clerk's Office; and

C. Complete and submit to the judge a copy of the Default Judgment and Final Decree of Dissolution of Marriage (Form 4A-314 NMRA (without children) or Form 4A-315 NMRA (with children)). Check with the clerk of your district to determine if your district has additional requirements.

The Court may sign and file the Default Judgment and Final Decree of Dissolution of Marriage without further notice, or it may order you to appear for a hearing. WARNING: Once the Court enters the Default Judgment and Final Decree of Dissolution of Marriage, your divorce will be final, and the terms of your Default Judgment and Final Decree of Dissolution of Marriage will be legally binding on both parties.

Dom. Rel. Forms. 4A-310

Approved by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers filed on or after5/31/2013, in all cases pending or filed on or after5/31/2013; approved by Supreme Court Order No. 14-8300-011, effective for all pleadings and papers filed on or after12/31/2014, in all cases filed or pending on or after12/31/2014.

ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-011, effective December 31, 2014, clarified the language of the instructions; instructed the parties to use specified forms; in the introductory paragraph, after "you are the", deleted "party who filed the Petition for Dissolution of Marriage" and added "Petitioner", changed "your spouse" to "the Respondent" in three places, and changed "an Answer" to "a Response"; in Paragraph A, deleted "your spouse's" and added "the other party's"; in Paragraph C, in the first paragraph, deleted "Submit a copy" and added "Complete and submit to the judge a copy", after "a copy of the" added "Default Judgment and", after "Dissolution of Marriage", deleted "(Form 4A-305 NMRA) to the judge; you must also complete and submit to the judge a proposed Marital Settlement Agreement (Form 4A-301 NMRA) and, if you have children as defined in these forms, a proposed Custody Plan (Form 4A-302 NMRA) and a proposed Child Support Obligation (Form 4A-303 NMRA)" and added "(Form 4A-314 NMRA (without children) or Form 4A-315 NMRA (with children))" and added the second sentence; and in Paragraph C, in the second paragraph, added "Default Judgment and" in two places, after "and the terms of your", deleted "proposed Marital Settlement Agreement (and proposed Custody Plan and proposed Child Support Obligation)" and added "Default Judgment and Final Decree of Dissolution of Marriage"; and deleted the former third sentence which referred the petitioner to Form 4A-300 NMRA for information about the marital settlement agreement, custody order, and child support obligation.