New Mexico Divorce Summons Form

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Summons and Return of Service

This form must be filled in by the Defendant (spouse that did not file for divorce) in order to notify the court that he or she received copies of all the divorce papers filed.

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STATE OF NEW MEXICO

COUNTY OF

_________________ JUDICIAL DISTRICT

__________,

Petitioner,

v.

Case No. _____

__________,

Respondent

SUMMONS 

THE STATE OF NEW MEXICO 

TO: ___________________________________________, Respondent

ADDRESS: ___________________________________________

___________________________________________

You are required to serve upon ___________________________ (name of Petitioner or Petitioner’s attorney) an answer or motion in response to the petition which is attached to this summons within thirty (30) days after service of this summons upon you, exclusive of the day of service, and file your answer or motion with the court as provided in Rule 1-005 NMRA.

If you fail to file a timely answer or motion, default judgment may be entered against you for the relief demanded in the petition. 

Petitioner or Petitioner’s attorney:

_______________________________________

Name 

_______________________________________

Street or P.O. Box 

_______________________________________

City, state & zip code 

_______________________________________

Telephone number 

WITNESS the Honorable ________________________________, district judge of the ___________ judicial district court of the State of New Mexico, and the seal of the district court of __________________ County, this ______ day of __________________________, 2______.

__________________________

Clerk of Court

By _______________________ Dated: __________________________

Deputy

RETURN 

STATE OF NEW MEXICO )

)

COUNTY OF ________________ )

I, being duly sworn, on oath, state that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served this summons in _____________________ county on the _____ day of _________________________, 2_____, by delivering a copy of this summons, with a copy of the petition attached, in the following manner: (check one box and fill in the appropriate blanks) 

[ ] to the respondent ___________________________________ (used when respondent accepts a copy of the summons and petition or refuses to accept the summons and petition) 

[ ] to the respondent by [mail] [courier service] as provided by Rule 1-004 NMRA (used when service is by mail or commercial courier service) 

After attempting to serve the summons and petition on the respondent by personal service or by mail or commercial courier service, by delivering a copy of this summons, with a copy of the petition attached, in the following manner:

[ ] to ______________________________, a person over fifteen (15) years of age and residing at the usual place of abode of respondent ______________________________ (used when the respondent is not presently at place of abode) and by mailing by first class mail to the respondent at __________________________________________________ (insert respondent’s last known mailing address) a copy of the summons and petition.

[ ] to ______________________________, the person apparently in charge at the actual place of business or employment of the respondent and by mailing by first class mail to the respondent at __________________________________________ (insert respondent’s business address) and by mailing the summons and petition by first class mail to the respondent at ______________________________________ (insert respondent’s last known mailing address). 

[ ] to ______________________________, an agent authorized to receive service of process for respondent ______________________________.

[ ] to ______________________________, [parent] [guardian] [custodian] [conservator] [guardian ad litem] of respondent ______________________________ (used when respondent is a minor or an incompetent person) 

______________________________ _____________________ ____________________

Signature of person making service Title (if any) Fees (if any) 

Subscribed and sworn before me this __________ day of ___________________, 2______.

___________________________ ___________________________

Judge, notary or other official Official Title 

authorized to administer oaths 

If service is made by the sheriff or a deputy sheriff of a New Mexico county, the signature of the sheriff or deputy sheriff need not be notarized.

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