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Response to Petition for Dissolution: What You Need to Know

Learn how to properly respond to a divorce petition, protect your rights, and navigate the dissolution process, especially for long-term marriages with children and significant assets.

Introduction

A Response to Petition for Dissolution is a critical legal document that you file when your spouse has initiated divorce proceedings. This document is your opportunity to formally address the claims made in the initial petition and state your position on important matters such as property division, child custody, support, and other issues relevant to ending your marriage. For those in long-term marriages with significant assets, business interests, or minor children, properly responding to a dissolution petition is particularly important as it establishes your legal position from the outset and can significantly impact the final outcome of your divorce.

Key Things to Know

  1. 1

    You typically have 30 days from being served with the petition to file your response, though this timeframe varies by state. Missing this deadline could result in a default judgment against you.

  2. 2

    Your response is your opportunity to agree or disagree with statements in the original petition, including grounds for divorce, property characterization, and proposed arrangements for children.

  3. 3

    For business owners, your response should carefully address how business assets are characterized (separate or marital property) and valued.

  4. 4

    In long-term marriages, the response should address complex issues like retirement accounts, pension division, and potential spousal support.

  5. 5

    If you have minor children, your response should clearly state your position on custody, visitation, and child support arrangements.

  6. 6

    Filing an incomplete or inaccurate response may limit your ability to contest certain issues later in the proceedings.

  7. 7

    Consider consulting with a family law attorney before filing your response, especially with complex assets or contentious child custody situations.

Key Decisions

Parents with Minor Children

Long-Term Marriage Partners with Significant Assets

Business Owners

Long-term Married Couples with Significant Assets

Customize your Response to Petition for Dissolution Template with DocDraft

RESPONSE TO PETITION FOR DISSOLUTION OF MARRIAGE

IN THE [COURT NAME] COURT OF [COUNTY] COUNTY, [STATE]

IN RE THE MARRIAGE OF:

[PETITIONER'S FULL LEGAL NAME],
Petitioner,

and

[RESPONDENT'S FULL LEGAL NAME],
Respondent.

CASE NO.: [CASE NUMBER]

RESPONSE TO PETITION FOR DISSOLUTION OF MARRIAGE

COMES NOW the Respondent, [RESPONDENT'S FULL LEGAL NAME], by and through the undersigned counsel (or "pro se" if self-represented), and hereby files this Response to the Petition for Dissolution of Marriage filed by Petitioner, and states as follows:

I. RESPONDENT'S PERSONAL INFORMATION

  1. Respondent's full legal name is [RESPONDENT'S FULL LEGAL NAME].
  2. Respondent's current residential address is [STREET ADDRESS, CITY, STATE, ZIP CODE].
  3. Respondent's telephone number is [PHONE NUMBER].
  4. Respondent's email address is [EMAIL ADDRESS].
  5. Respondent's date of birth is [DATE OF BIRTH].
  6. Respondent has been a resident of [STATE] for [NUMBER] years and [NUMBER] months, and a resident of [COUNTY] County for [NUMBER] years and [NUMBER] months.
  7. Respondent □ is □ is not currently on active duty in the United States military.

II. VERIFICATION OF PETITIONER'S INFORMATION

  1. Respondent □ admits □ denies □ lacks sufficient knowledge to admit or deny the accuracy of Petitioner's personal information as stated in the Petition for Dissolution of Marriage.
  2. Corrections to Petitioner's information, if any: [SPECIFY ANY CORRECTIONS TO PETITIONER'S INFORMATION].

III. CASE INFORMATION

  1. Respondent acknowledges that this case has been assigned Case Number [CASE NUMBER] in the [COURT NAME] Court of [COUNTY] County, [STATE].
  2. Respondent □ admits □ denies that the court identified in the Petition has proper jurisdiction over this matter.
  3. Respondent was served with the Petition for Dissolution of Marriage on [DATE OF SERVICE].
  4. This Response is being filed within the time period required by law.

IV. MARRIAGE INFORMATION

  1. Respondent □ admits □ denies that the parties were married on [DATE OF MARRIAGE] in [CITY, STATE/COUNTRY].
  2. If denied, Respondent states that the correct date and place of marriage is: [CORRECT DATE AND PLACE].
  3. Respondent □ admits □ denies that the date of separation was [DATE OF SEPARATION] as stated in the Petition.
  4. If denied, Respondent states that the correct date of separation is: [CORRECT DATE OF SEPARATION].
  5. Respondent □ admits □ denies that the marriage is irretrievably broken with no reasonable prospect of reconciliation.

V. JURISDICTIONAL REQUIREMENTS

  1. Respondent □ admits □ denies that the jurisdictional residency requirements have been met as stated in the Petition.
  2. If denied, Respondent states: [EXPLANATION OF WHY JURISDICTIONAL REQUIREMENTS HAVE NOT BEEN MET].
  3. Respondent □ admits □ denies the legal grounds for dissolution claimed in the Petition.
  4. If denied, Respondent states: [EXPLANATION OF POSITION ON LEGAL GROUNDS].

VI. PARAGRAPH-BY-PARAGRAPH RESPONSE

Respondent responds to each numbered paragraph of the Petition for Dissolution of Marriage as follows:

[NOTE: This section should respond to each numbered paragraph in the original petition with "Admitted," "Denied," or "Respondent lacks sufficient knowledge to admit or deny." For paragraphs that are partially admitted and partially denied, specify which portions are admitted and which are denied.]

VII. AFFIRMATIVE DEFENSES

  1. Respondent asserts the following affirmative defenses to claims made in the Petition: a. [AFFIRMATIVE DEFENSE #1] b. [AFFIRMATIVE DEFENSE #2] c. [ADDITIONAL AFFIRMATIVE DEFENSES AS APPLICABLE]

VIII. CHILDREN OF THE MARRIAGE

  1. Respondent □ admits □ denies that the information regarding minor children of the marriage as stated in the Petition is accurate and complete.
  2. The following are the minor children born of or adopted during this marriage, or children born to the parties before the marriage:
Child's Full NameDate of BirthAgeCurrently Residing With
[CHILD 1 NAME][DOB][AGE]□ Petitioner □ Respondent □ Other: [SPECIFY]
[CHILD 2 NAME][DOB][AGE]□ Petitioner □ Respondent □ Other: [SPECIFY]
[ADDITIONAL CHILDREN AS APPLICABLE]
  1. Respondent □ admits □ denies that either spouse is currently pregnant.
  2. If admitted, the expected date of delivery is: [DUE DATE].

IX. CHILD CUSTODY AND PARENTING TIME

  1. Respondent requests the following legal custody arrangement: □ Joint legal custody between Petitioner and Respondent □ Sole legal custody to Respondent □ Sole legal custody to Petitioner □ Other: [SPECIFY]

  2. Respondent requests the following physical custody arrangement: □ Joint physical custody between Petitioner and Respondent □ Primary physical custody to Respondent with parenting time to Petitioner □ Primary physical custody to Petitioner with parenting time to Respondent □ Other: [SPECIFY]

  3. Respondent proposes the following parenting time/visitation schedule: a. Regular Parenting Time Schedule: [DETAILED DESCRIPTION OF PROPOSED REGULAR PARENTING TIME SCHEDULE]

b. Holiday Parenting Time Schedule: [DETAILED DESCRIPTION OF PROPOSED HOLIDAY PARENTING TIME SCHEDULE]

c. Summer/School Break Parenting Time Schedule: [DETAILED DESCRIPTION OF PROPOSED SUMMER/SCHOOL BREAK PARENTING TIME SCHEDULE]

d. Transportation Arrangements: [DETAILED DESCRIPTION OF PROPOSED TRANSPORTATION ARRANGEMENTS]

e. Communication During Parenting Time: [DETAILED DESCRIPTION OF PROPOSED COMMUNICATION ARRANGEMENTS]

  1. Respondent believes this proposed parenting plan is in the best interests of the minor children because: [DETAILED EXPLANATION OF WHY THE PROPOSED PLAN IS IN THE CHILDREN'S BEST INTERESTS]

X. CHILD SUPPORT

  1. Respondent's position regarding child support is as follows: □ Child support should be established according to the state child support guidelines □ Deviation from the state child support guidelines is appropriate for the following reasons: [DETAILED EXPLANATION OF REASONS FOR DEVIATION]

  2. Respondent's current gross monthly income is $[AMOUNT].

  3. To the best of Respondent's knowledge, Petitioner's current gross monthly income is $[AMOUNT].

  4. The minor children have the following special needs or extraordinary expenses that should be considered in determining child support: [DETAILED DESCRIPTION OF ANY SPECIAL NEEDS OR EXTRAORDINARY EXPENSES]

  5. Respondent requests the following regarding health insurance coverage for the minor children: [DETAILED DESCRIPTION OF PROPOSED HEALTH INSURANCE ARRANGEMENTS]

  6. Respondent requests the following regarding allocation of uninsured medical expenses for the minor children: [DETAILED DESCRIPTION OF PROPOSED ALLOCATION OF UNINSURED MEDICAL EXPENSES]

  7. Respondent requests the following regarding allocation of childcare expenses: [DETAILED DESCRIPTION OF PROPOSED ALLOCATION OF CHILDCARE EXPENSES]

  8. Respondent requests the following regarding allocation of educational expenses: [DETAILED DESCRIPTION OF PROPOSED ALLOCATION OF EDUCATIONAL EXPENSES]

XI. SPOUSAL SUPPORT/ALIMONY

  1. Respondent's position regarding spousal support/alimony is as follows: □ No spousal support/alimony should be awarded to either party □ Respondent should be awarded spousal support/alimony from Petitioner □ Respondent agrees to pay spousal support/alimony to Petitioner □ Other: [SPECIFY]

  2. If Respondent is requesting spousal support/alimony, the requested amount is $[AMOUNT] per month for a duration of [DURATION].

  3. The basis for this request is: [DETAILED EXPLANATION OF BASIS FOR SPOUSAL SUPPORT REQUEST, INCLUDING FACTORS SUCH AS LENGTH OF MARRIAGE, STANDARD OF LIVING DURING MARRIAGE, AGE, HEALTH, EDUCATION, EMPLOYMENT HISTORY, EARNING CAPACITY, CONTRIBUTIONS TO THE MARRIAGE, ETC.]

XII. TEMPORARY SUPPORT

  1. Respondent □ does □ does not request temporary support during the pendency of these proceedings.

  2. If temporary support is requested, Respondent requests: a. Temporary child support in the amount of $[AMOUNT] per month b. Temporary spousal support in the amount of $[AMOUNT] per month c. Temporary exclusive possession of the marital residence d. Temporary possession of the following property: [SPECIFY] e. Other temporary relief: [SPECIFY]

XIII. PROPERTY DIVISION - MARITAL/COMMUNITY PROPERTY

  1. Respondent identifies the following assets as marital/community property subject to division:

A. Real Estate

Property AddressApproximate ValueMortgage BalanceProposed Allocation
[ADDRESS 1]$[VALUE]$[BALANCE]□ Petitioner □ Respondent □ Sell and divide proceeds
[ADDRESS 2]$[VALUE]$[BALANCE]□ Petitioner □ Respondent □ Sell and divide proceeds
[ADDITIONAL PROPERTIES AS APPLICABLE]

B. Vehicles

Year/Make/ModelVINApproximate ValueLoan BalanceProposed Allocation
[VEHICLE 1][VIN]$[VALUE]$[BALANCE]□ Petitioner □ Respondent
[VEHICLE 2][VIN]$[VALUE]$[BALANCE]□ Petitioner □ Respondent
[ADDITIONAL VEHICLES AS APPLICABLE]

C. Bank Accounts and Cash

Financial InstitutionAccount TypeAccount Number (last 4 digits)Approximate BalanceProposed Allocation
[INSTITUTION 1][TYPE][####]$[BALANCE]□ Petitioner □ Respondent □ Split
[INSTITUTION 2][TYPE][####]$[BALANCE]□ Petitioner □ Respondent □ Split
[ADDITIONAL ACCOUNTS AS APPLICABLE]

D. Retirement Accounts and Pensions

InstitutionAccount TypeAccount Number (last 4 digits)Approximate ValueProposed Allocation
[INSTITUTION 1][TYPE][####]$[VALUE]□ Petitioner □ Respondent □ Split via QDRO
[INSTITUTION 2][TYPE][####]$[VALUE]□ Petitioner □ Respondent □ Split via QDRO
[ADDITIONAL ACCOUNTS AS APPLICABLE]

E. Investment Accounts

InstitutionAccount TypeAccount Number (last 4 digits)Approximate ValueProposed Allocation
[INSTITUTION 1][TYPE][####]$[VALUE]□ Petitioner □ Respondent □ Split
[INSTITUTION 2][TYPE][####]$[VALUE]□ Petitioner □ Respondent □ Split
[ADDITIONAL ACCOUNTS AS APPLICABLE]

F. Business Interests

Business NameOwnership PercentageEntity TypeApproximate ValueProposed Allocation
[BUSINESS 1][PERCENTAGE]%[TYPE]$[VALUE]□ Petitioner □ Respondent □ Split
[BUSINESS 2][PERCENTAGE]%[TYPE]$[VALUE]□ Petitioner □ Respondent □ Split
[ADDITIONAL BUSINESSES AS APPLICABLE]

G. Personal Property of Significant Value

Item DescriptionApproximate ValueCurrent PossessionProposed Allocation
[ITEM 1]$[VALUE]□ Petitioner □ Respondent□ Petitioner □ Respondent
[ITEM 2]$[VALUE]□ Petitioner □ Respondent□ Petitioner □ Respondent
[ADDITIONAL ITEMS AS APPLICABLE]
  1. Respondent proposes the following general division of household items, furniture, and personal effects not specifically listed above: [DETAILED DESCRIPTION OF PROPOSED DIVISION OF REMAINING PERSONAL PROPERTY]

XIV. PROPERTY DIVISION - SEPARATE PROPERTY

  1. Respondent claims the following assets as separate property not subject to division:
Asset DescriptionBasis for Separate Property ClaimApproximate ValueCurrent Possession
[ASSET 1][BASIS - e.g., owned prior to marriage, gift, inheritance]$[VALUE]□ Petitioner □ Respondent
[ASSET 2][BASIS - e.g., owned prior to marriage, gift, inheritance]$[VALUE]□ Petitioner □ Respondent
[ADDITIONAL ASSETS AS APPLICABLE]

  1. Respondent □ admits □ denies Petitioner's separate property claims as stated in the Petition.

  2. If denied, Respondent's position regarding Petitioner's separate property claims is: [DETAILED EXPLANATION OF POSITION ON PETITIONER'S SEPARATE PROPERTY CLAIMS]

XV. DEBT DIVISION - MARITAL DEBTS

  1. Respondent identifies the following debts as marital debts subject to division:

A. Mortgage and Real Estate Loans

CreditorProperty AddressAccount Number (last 4 digits)Current BalanceMonthly PaymentProposed Allocation
[CREDITOR 1][ADDRESS][####]$[BALANCE]$[PAYMENT]□ Petitioner □ Respondent
[CREDITOR 2][ADDRESS][####]$[BALANCE]$[PAYMENT]□ Petitioner □ Respondent
[ADDITIONAL MORTGAGES AS APPLICABLE]

B. Vehicle Loans

CreditorVehicle DescriptionAccount Number (last 4 digits)Current BalanceMonthly PaymentProposed Allocation
[CREDITOR 1][VEHICLE][####]$[BALANCE]$[PAYMENT]□ Petitioner □ Respondent
[CREDITOR 2][VEHICLE][####]$[BALANCE]$[PAYMENT]□ Petitioner □ Respondent
[ADDITIONAL VEHICLE LOANS AS APPLICABLE]

C. Credit Card Debt

CreditorAccount Number (last 4 digits)Current BalanceMonthly PaymentProposed Allocation
[CREDITOR 1][####]$[BALANCE]$[PAYMENT]□ Petitioner □ Respondent
[CREDITOR 2][####]$[BALANCE]$[PAYMENT]□ Petitioner □ Respondent
[ADDITIONAL CREDIT CARDS AS APPLICABLE]

D. Other Debts

CreditorType of DebtAccount Number (last 4 digits)Current BalanceMonthly PaymentProposed Allocation
[CREDITOR 1][TYPE][####]$[BALANCE]$[PAYMENT]□ Petitioner □ Respondent
[CREDITOR 2][TYPE][####]$[BALANCE]$[PAYMENT]□ Petitioner □ Respondent
[ADDITIONAL DEBTS AS APPLICABLE]

E. Tax Liabilities

Tax YearType of TaxAmount OwedStatusProposed Allocation
[YEAR][TYPE]$[AMOUNT][STATUS]□ Petitioner □ Respondent □ Split
[YEAR][TYPE]$[AMOUNT][STATUS]□ Petitioner □ Respondent □ Split
[ADDITIONAL TAX LIABILITIES AS APPLICABLE]

XVI. DEBT DIVISION - SEPARATE DEBTS

  1. Respondent claims the following debts as separate debts that should be the sole responsibility of the indicated party:
CreditorType of DebtAccount Number (last 4 digits)Current BalanceBasis for Separate Debt ClaimResponsible Party
[CREDITOR 1][TYPE][####]$[BALANCE][BASIS]□ Petitioner □ Respondent
[CREDITOR 2][TYPE][####]$[BALANCE][BASIS]□ Petitioner □ Respondent
[ADDITIONAL SEPARATE DEBTS AS APPLICABLE]

  1. Respondent □ admits □ denies Petitioner's separate debt claims as stated in the Petition.

  2. If denied, Respondent's position regarding Petitioner's separate debt claims is: [DETAILED EXPLANATION OF POSITION ON PETITIONER'S SEPARATE DEBT CLAIMS]

XVII. INSURANCE AND HEALTHCARE

  1. Respondent's position regarding health insurance coverage during and after the divorce is as follows:

    a. For the minor children: [DETAILED DESCRIPTION OF PROPOSED HEALTH INSURANCE ARRANGEMENTS FOR CHILDREN]

    b. For Respondent: [DETAILED DESCRIPTION OF PROPOSED HEALTH INSURANCE ARRANGEMENTS FOR RESPONDENT]

    c. For Petitioner: [DETAILED DESCRIPTION OF PROPOSED HEALTH INSURANCE ARRANGEMENTS FOR PETITIONER]

  2. Regarding life insurance policies:

Insurance CompanyPolicy Number (last 4 digits)Face ValueCurrent BeneficiaryProposed Disposition
[COMPANY 1][####]$[VALUE][BENEFICIARY][DISPOSITION]
[COMPANY 2][####]$[VALUE][BENEFICIARY][DISPOSITION]
[ADDITIONAL POLICIES AS APPLICABLE]
  1. Respondent requests the following regarding life insurance coverage for the benefit of the minor children: [DETAILED DESCRIPTION OF PROPOSED LIFE INSURANCE ARRANGEMENTS FOR BENEFIT OF CHILDREN]

XVIII. NAME CHANGE

  1. Respondent □ does □ does not request restoration of a former name.

  2. If a name change is requested, Respondent requests to be known by the following name: [FORMER NAME].

XIX. ATTORNEY FEES AND COSTS

  1. Respondent's position regarding attorney fees and costs is as follows: □ Each party should be responsible for their own attorney fees and costs □ Petitioner should be ordered to pay all or a portion of Respondent's attorney fees and costs □ Respondent agrees to pay all or a portion of Petitioner's attorney fees and costs □ Other: [SPECIFY]

  2. If Respondent is requesting that Petitioner pay attorney fees and costs, the basis for this request is: [DETAILED EXPLANATION OF BASIS FOR ATTORNEY FEE REQUEST]

XX. DOMESTIC VIOLENCE

  1. Respondent □ admits □ denies any allegations of domestic violence made in the Petition.

  2. If denied, Respondent's position is: [DETAILED EXPLANATION OF POSITION ON DOMESTIC VIOLENCE ALLEGATIONS]

  3. Respondent □ does □ does not allege that Petitioner has committed acts of domestic violence against Respondent or the minor children.

  4. If alleged, Respondent states: [DETAILED DESCRIPTION OF ALLEGED DOMESTIC VIOLENCE]

XXI. ADDITIONAL RELIEF REQUESTED

  1. Respondent requests the following additional relief not addressed in the Petition: a. [ADDITIONAL RELIEF #1] b. [ADDITIONAL RELIEF #2] c. [ADDITIONAL RELIEF AS APPLICABLE]

XXII. COUNTERCLAIMS

  1. Respondent □ does □ does not assert counterclaims against Petitioner.

  2. If counterclaims are asserted, they are as follows: a. [COUNTERCLAIM #1] b. [COUNTERCLAIM #2] c. [ADDITIONAL COUNTERCLAIMS AS APPLICABLE]

XXIII. MANDATORY DISCLOSURE COMPLIANCE

  1. Respondent □ has □ has not provided the mandatory financial disclosures required by the court.

  2. If provided, the date of provision was: [DATE].

  3. If not yet provided, Respondent will provide the mandatory financial disclosures by: [DATE].

XXIV. PRAYER FOR RELIEF

WHEREFORE, Respondent respectfully requests that this Honorable Court:

  1. Grant a Decree of Dissolution of Marriage;

  2. Award legal and physical custody of the minor children as requested herein;

  3. Establish a parenting time schedule as requested herein;

  4. Order child support as requested herein;

  5. Order spousal support/alimony as requested herein;

  6. Equitably divide the marital property and debts as requested herein;

  7. Confirm the separate property and debts of the parties as requested herein;

  8. Order the health insurance and life insurance provisions as requested herein;

  9. Restore Respondent's former name if requested herein;

  10. Order the payment of attorney fees and costs as requested herein;

  11. Enter appropriate orders regarding any domestic violence allegations;

  12. Grant the additional relief requested herein;

  13. Grant such other and further relief as the Court deems just and proper.

Respectfully submitted this [DAY] day of [MONTH], [YEAR].

[RESPONDENT'S FULL LEGAL NAME], Respondent [or if represented by counsel:]

[ATTORNEY NAME], Esq. [BAR NUMBER] [LAW FIRM NAME] [ADDRESS] [PHONE NUMBER] [EMAIL ADDRESS] Attorney for Respondent

VERIFICATION

I, [RESPONDENT'S FULL LEGAL NAME], being first duly sworn upon oath, state that I am the Respondent in the above-entitled action; that I have read the foregoing Response to Petition for Dissolution of Marriage and know the contents thereof; and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

[RESPONDENT'S FULL LEGAL NAME]

Subscribed and sworn to before me this [DAY] day of [MONTH], [YEAR].

Notary Public My Commission Expires: [EXPIRATION DATE]

CERTIFICATE OF SERVICE

I hereby certify that on this [DAY] day of [MONTH], [YEAR], a true and correct copy of the foregoing Response to Petition for Dissolution of Marriage was served upon:

[PETITIONER'S ATTORNEY NAME] (or Petitioner if self-represented) [ADDRESS] [CITY, STATE ZIP]

by the following method(s): □ U.S. Mail, postage prepaid □ Hand Delivery □ Email: [EMAIL ADDRESS] □ Facsimile: [FAX NUMBER] □ Electronic Court Filing System □ Other: [SPECIFY]

[RESPONDENT'S FULL LEGAL NAME] or [ATTORNEY NAME]

New Mexico Requirements for Response to Petition for Dissolution

Jurisdiction and Venue (NMSA § 40-4-5)

New Mexico courts have jurisdiction over dissolution proceedings when at least one spouse has been domiciled in New Mexico for at least six months immediately preceding the filing of the petition.

No-Fault Dissolution Grounds (NMSA § 40-4-1(A))

New Mexico allows for no-fault divorce based on incompatibility, which must be acknowledged in the response to petition.

Community Property Division (NMSA § 40-3-8)

New Mexico is a community property state, requiring equitable division of all property and debts acquired during marriage regardless of how title is held.

Separate Property Protection (NMSA § 40-3-8(A))

Property acquired before marriage, by gift, bequest, devise, or descent remains separate property and should be identified in the response.

Child Custody Determination (NMSA § 40-4-9)

Custody determinations must be made according to the best interests of the child standard, with consideration of specific factors outlined in statute.

Parenting Plan Requirement (NMSA § 40-4-9.1)

Parties with minor children must submit a detailed parenting plan addressing custody, visitation, and decision-making authority.

Child Support Guidelines (NMSA § 40-4-11.1)

Child support must be calculated according to New Mexico's statutory guidelines based on income shares model.

Spousal Support Considerations (NMSA § 40-4-7(E))

Alimony determinations must consider duration of marriage, standard of living, age, health, and earning capacity of each spouse.

Interim Division of Income and Expenses (NMSA § 40-4-7)

The response should address temporary allocation of income, expenses, and use of property during the pendency of the dissolution proceedings.

Domestic Violence Considerations (NMSA § 40-13-1 et seq.)

The response must address any allegations of domestic violence which may impact custody, support, and property division determinations.

Financial Disclosure Requirements (New Mexico Rules of Civil Procedure for the District Courts, Rule 1-123)

Both parties must provide complete financial disclosures including income, assets, and liabilities within 45 days of service of the petition.

Military Service Member Protections (50 U.S.C. § 3901-4043)

Special protections apply to service members under the Servicemembers Civil Relief Act, which may affect timing and procedures for dissolution.

Retirement Benefits Division (29 U.S.C. § 1056(d)(3))

Qualified retirement plans must be divided using a Qualified Domestic Relations Order (QDRO) in compliance with federal ERISA requirements.

Tax Considerations (26 U.S.C. § 1041)

The response should address tax filing status, dependency exemptions, and tax implications of property transfers under federal tax law.

Uniform Child Custody Jurisdiction and Enforcement Act (NMSA § 40-10A-101 et seq.)

Establishes jurisdiction for child custody matters when multiple states may be involved and must be addressed if children have lived in different states.

Relocation Requirements (NMSA § 40-4-9.1(K))

The response should address any potential relocation issues, as New Mexico law requires notice and potentially court approval for relocating with children.

Mediation Requirements (NMSA § 40-12-1 et seq.)

Many New Mexico judicial districts require mandatory mediation for contested dissolution cases, particularly those involving children.

Name Change Provisions (NMSA § 40-8-1)

The response should address any request for name change, which can be granted as part of the dissolution decree.

Indian Child Welfare Act Compliance (25 U.S.C. § 1901-1963)

If children involved are Native American, special provisions under ICWA may apply and must be addressed in custody determinations.

Health Insurance Coverage (29 U.S.C. § 1161-1169)

The response must address continuation of health insurance coverage for spouse and children, including potential COBRA benefits.

Frequently Asked Questions

If you fail to respond within the required timeframe (typically 30 days), the court may grant your spouse a default judgment. This means the divorce could proceed according to the terms requested in your spouse's petition without your input. The court may award property division, child custody, and support arrangements as requested by your spouse. For those with significant assets or business interests, this could result in unfavorable financial outcomes that are difficult to modify later.

In your response, clearly identify your business as separate property if applicable (established before marriage or through inheritance), or address how it should be valued and divided if considered marital property. Consider requesting a professional business valuation. Your response should also address whether your spouse has any legitimate claim to business assets, income streams, or future profits. It's highly advisable to work with an attorney who specializes in both family law and business matters to ensure your response properly protects your business interests.

Your response should clearly state your desired custody arrangement, including legal custody (decision-making authority) and physical custody (where children will live). Include a proposed parenting time schedule that you believe serves the best interests of your children. Address specific concerns about your children's education, healthcare, religious upbringing, or special needs if applicable. If you disagree with your spouse's proposed arrangements, explain why your proposal better serves the children's best interests. Remember that courts prioritize children's welfare over parents' preferences.

For long-term marriages with significant assets, your response should comprehensively address all property, distinguishing between separate and marital assets. Include major assets like real estate, retirement accounts, investments, and valuable personal property. For complex assets like pensions, stock options, or deferred compensation, you may need to request professional valuation. In many states, long-term marriages may result in more equal division of assets, even those acquired before marriage in some cases. Your response should establish your position on fair division while considering tax implications and long-term financial security.

Yes, you can request spousal support (alimony) in your response even if it wasn't addressed in the original petition. This is particularly relevant in long-term marriages where one spouse may have sacrificed career opportunities to support the family or where there's a significant income disparity. Your response should outline why support is appropriate, how much you're requesting, and for what duration. Include factors such as your age, health, earning capacity, standard of living during marriage, and contributions to the marriage, including non-financial ones.

Including counterclaims can be strategic in certain situations. For example, if you disagree with the grounds for divorce stated in the petition, you might file a counterclaim with different grounds. Similarly, if your spouse's petition doesn't address important issues like spousal support or specific property division that concerns you, a counterclaim ensures these matters are formally before the court. However, counterclaims can sometimes escalate conflict, so discuss with your attorney whether this approach serves your overall goals for the divorce process.

While complete financial disclosures are typically filed separately from your response, your response should be consistent with the financial information you'll later provide. For those with significant or complex assets, it's crucial to be thorough and accurate. Incomplete or misleading financial information can result in penalties, reopening of the divorce settlement, or unfavorable court decisions. Consider working with financial experts like forensic accountants, especially if you suspect your spouse hasn't been fully transparent about assets or if business valuations are involved.

In most jurisdictions, you can amend your response with the court's permission, particularly if new information comes to light or circumstances change. However, courts generally prefer amendments to be filed early in the proceedings rather than later. If you discover significant assets were omitted or mischaracterized after filing your response, promptly consult with your attorney about filing an amendment. The longer you wait, the more difficult it may be to convince the court to allow changes to your initial response.