Scheduling Order (No Children) | | New Mexico

 New Mexico   Local District Court   1st Judicial District   Divorce 
Scheduling Order (No Children) |  | New Mexico

Last updated: 1/13/2014

Scheduling Order (No Children)

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Description

STATE OF NEW MEXICO COUNTY OF FIRST JUDICIAL DISTRICT COURT Petitioner, vs. D- -DM- Respondent. SCHEDULING ORDER (contested divorce, no minor children) A Petition for Dissolution of Marriage has been filed in this case, and one or both parties are not represented by an attorney. The parties have no minor children. A Marital Settlement Agreement has not been filed identifying and dividing the parties' property and debts. It is therefore ORDERED by the Court that: 1. FREE INFORMATION SESSIONS. a. The parties who are not represented by an attorney shall attend a free Self , 201__ or , 201__ Represented Family Law Clinic on at the Santa Fe Community College at 9:00 a.m.. b. Both parties shall attend a free information session regarding interim income and expense allocation on ________________________, 201__, from 2:00 p.m. to 3:00 p.m. in the Large Courtroom on the second floor of the Judge Steven Herrera Judicial Complex, corner of Grant and Catron, Santa Fe, New Mexico. American LegalNet, Inc. www.FormsWorkFlow.com 2. Attendance at these sessions is NOT optional. Arrive promptly and attend the entire session. DO NOT BRING CHILDREN TO ANY OF THESE SESSIONS. 3. INTERIM INCOME ALLOCATION HEARING. A hearing to identify and divide the parties' income and expenses during the time between the date the Petition for Dissolution of Marriage is filed and the time the Final Decree of Dissolution of Marriage is entered will be set by separate Order. 4. PROPERTY AND DEBT IDENTIFICATION AND DIVISION. a. The parties may complete and file a Request for Referral to Settlement Conference if they need help reaching an agreement dividing their property and debts. More information, and the necessary forms, are available at the Court's Self Help Center and on the Court's website, www.firstdistrictcourt.com, Court Programs, Alternative Dispute Resolution. b. If the parties have not filed a Marital Settlement Agreement within 60 days of the date of the above-referenced Clinic, the Court shall issue, on its own Motion, an order referring the parties to settlement conference. c. Settlement conferences are conducted by qualified settlement facilitators who are paid $500 by the parties for a settlement conference of up to 4 hours. A party who feels he or she cannot afford his or her share of the fee may file a Motion for Free or Reduced-Fee Settlement Facilitation. If the Motion is granted, that party will pay a reduced share of the total fee. A form for the Motion for Free or Reduced-Fee Settlement Facilitation is available at the Court's Self Help Center and on the Court's website, www.firstdistrictcourt.com, Court Programs, Alternative Dispute Resolution. 5. CONFIDENTIALITY OF SETTLEMENT CONFERENCES. a. Settlement conferences shall be held in private and shall be confidential. All communications, verbal or written, from the parties to the Settlement Facilitator made pursuant to the Order, shall be inadmissible in any Court hearing. b. No report of the content of settlement conferences shall be made to any person, including the Court. American LegalNet, Inc. www.FormsWorkFlow.com 6. AGREEMENTS AS A RESULT OF SETTLEMENT CONFERENCE. a. If the settlement conference results in agreement on all issues, the agreement shall be recorded as a Marital Settlement Agreement and signed by the parties. The parties shall submit the signed Marital Settlement Agreement for the judge's approval and signature, and then file the signed Marital Settlement Agreement. b. If partial agreements result from the settlement conference, the partial agreements shall be recorded as a Partial Marital Settlement Agreement, signed by the parties, submitted for the judge's approval and signature, and filed. The remaining issues shall be submitted to the Court for decision. 7. AGREEMENTS WITHOUT THE ASSISTANCE OF SETTLEMENT If the parties are able to develop a Marital Settlement Agreement on their CONFERENCE. own before the scheduled settlement conference, they shall sign the Marital Settlement Agreement and submit it for the judge's signature, and then file the signed Marital Settlement Agreement. 8. FINALIZING THE DIVORCE. When the Marital Settlement Agreement has been signed and filed, the parties shall submit a Final Decree of Dissolution of Marriage signed by both parties to the judge for approval and signature. When notified that the judge has signed the Final Decree, the parties shall file it. __________________________________ DISTRICT COURT JUDGE American LegalNet, Inc. www.FormsWorkFlow.com

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