These paperwork are the formal, authorized information initiating and processing the dissolution of a wedding throughout the jurisdiction of New Mexico. They embody a wide range of types, pleadings, and orders essential to navigate the state’s divorce proceedings. An instance features a Petition for Dissolution of Marriage, filed with the court docket to begin the authorized separation course of.
Correctly finishing and submitting this paperwork is essential for establishing a authorized document of the divorce and making certain all related points, corresponding to property division, spousal assist, and little one custody preparations, are addressed by the court docket. Correct preparation and adherence to the established procedures are key to acquiring a legally sound and enforceable divorce decree. Traditionally, formalized documentation for divorce has advanced to supply a structured and equitable course of for resolving marital disputes.
This text will discover the particular types required, the steps concerned in submitting, and the implications of those authorized devices within the context of ending a wedding in New Mexico. Additional sections element the authorized necessities and customary challenges people could encounter throughout the course of.
1. Petition
The Petition serves because the foundational doc throughout the context of divorce proceedings in New Mexico. Its correct completion and submitting are paramount to initiating the method and establishing the parameters of the authorized motion.
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Initiation of Authorized Motion
The Petition is the primary formal step in searching for a divorce. It informs the court docket and the respondent (the opposite partner) of the petitioner’s intent to dissolve the wedding. Failure to file a Petition means the divorce proceedings can not legally begin.
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Assertion of Grounds
The Petition outlines the authorized causes for searching for a divorce. Whereas New Mexico is a “no-fault” divorce state, the Petition should nonetheless state grounds, sometimes “incompatibility,” to justify the dissolution of the wedding. Correct and legally ample grounds are important for the court docket to proceed.
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Requested Reduction
The Petition specifies the aid sought by the petitioner, corresponding to orders concerning property division, spousal assist, little one custody, and little one assist. These requests body the problems the court docket will handle throughout the divorce course of. Examples embrace requests for the marital dwelling, particular visitation schedules, or monetary assist preparations.
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Jurisdictional Necessities
The Petition should set up that the court docket has jurisdiction over the divorce case. This sometimes entails demonstrating that at the very least one celebration has resided in New Mexico for a selected interval, usually six months. Failure to determine jurisdiction may end up in the case being dismissed.
In essence, the Petition is the important start line of the divorce course of, setting the stage for all subsequent actions and determinations by the court docket. Its accuracy and completeness instantly influence the trajectory and potential outcomes of the dissolution of marriage course of throughout the framework of “new mexico divorce papers.”
2. Service
Correct service of authorized paperwork is a important part inside divorce proceedings. It ensures that each one events concerned have satisfactory discover of the authorized actions in opposition to them, thereby upholding due course of and the proper to be heard.
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Authorized Notification
Service formally notifies the respondent {that a} divorce motion has been initiated. This discover permits the respondent the chance to answer the Petition and current their very own claims or defenses. Failure to correctly serve the respondent can invalidate the whole divorce course of, making any subsequent orders or decrees unenforceable. For instance, if the respondent isn’t correctly served, any default judgment entered in opposition to them could possibly be overturned.
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Strategies of Service
New Mexico legislation outlines particular strategies for serving authorized paperwork, together with private service, service by publication (when the respondent’s location is unknown), and repair by mail with acknowledgment. Private service, the place a course of server bodily fingers the paperwork to the respondent, is usually most well-liked. Nevertheless, alternate strategies are permitted underneath sure circumstances. Incorrect service strategies can result in authorized challenges and delays within the divorce proceedings.
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Proof of Service
After service is accomplished, a Proof of Service should be filed with the court docket. This doc, sometimes an affidavit from the method server, attests that the respondent was correctly served with the required paperwork. The court docket depends on the Proof of Service to verify that the respondent has been notified and that the case can proceed. With out satisfactory proof, the court docket could not be capable to difficulty a legitimate divorce decree.
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Impression on Timelines
Correct and well timed service instantly impacts the timelines of the divorce case. The respondent has a selected interval after being served to file a response with the court docket. If service is delayed or improper, the response interval could also be prolonged, doubtlessly prolonging the divorce proceedings. This demonstrates the direct influence of service on the general period and effectivity of the divorce course of.
The complexities of service in New Mexico spotlight the significance of understanding the authorized necessities related to it. Correct and lawful service is crucial to make sure the equity and validity of the “new mexico divorce papers” and the ensuing divorce decree.
3. Response
The Response constitutes a pivotal factor throughout the construction of divorce proceedings in New Mexico. It’s the formal mechanism by which the respondent, the celebration served with the preliminary divorce Petition, articulates a place concerning the petitioner’s claims and requested aid. The absence of a well timed and legally ample Response can precipitate important penalties, together with the potential for a default judgment favoring the petitioner’s preliminary calls for. A well-constructed Response is important to safeguarding the respondent’s rights and making certain a good adjudication of the problems concerned, corresponding to property division, spousal assist, and little one custody. For instance, if a petitioner requests sole custody of a kid within the preliminary paperwork, the respondent should file a Response to claim their parental rights and needs for shared custody or visitation.
The particular contents of the Response will fluctuate relying on the distinctive circumstances of every case. It might embrace denials of the petitioner’s allegations, counterclaims searching for various types of aid, or affirmations agreeing with sure features of the Petition whereas contesting others. The Response should adhere to the principles of civil process governing pleading necessities in New Mexico, together with correct formatting, quotation to related authorized authority, and verification underneath oath. Failure to adjust to these procedural guidelines might outcome within the Response being deemed inadequate by the court docket. The sensible significance of understanding the Response lies in its energy to form the narrative of the divorce case and affect the final word final result.
In abstract, the Response is just not merely a procedural formality; it’s a strategic alternative for the respondent to actively take part within the divorce course of, assert their rights, and advocate for his or her desired outcomes. Its correct preparation and well timed submitting are important to stopping default judgments and making certain a simply decision of the marital dissolution. Challenges in drafting a Response usually stem from an absence of authorized data or emotional misery, highlighting the significance of searching for authorized counsel when dealing with the complexities of those paperwork inherent in “new mexico divorce papers.”
4. Monetary Affidavit
Inside the framework of New Mexico divorce proceedings, the Monetary Affidavit stands as a vital doc instantly associated to the broader set of authorized types. Its function is to supply a clear and detailed overview of every celebration’s monetary circumstances. This doc requires disclosure of all revenue sources, property (each actual and private property), money owed, and month-to-month bills. The knowledge contained inside instantly impacts selections concerning property division, spousal assist (alimony), and little one assist obligations. As an example, if one celebration considerably underreports revenue or fails to reveal property, it might result in an unfair distribution of marital property or an inaccurate calculation of assist funds. Due to this fact, the Monetary Affidavit’s accuracy and completeness are paramount to reaching an equitable final result within the divorce case. Its omission or misrepresentation can set off authorized challenges and doubtlessly end in sanctions from the court docket.
The sensible significance of a correctly accomplished Monetary Affidavit extends past mere compliance with authorized necessities. It serves as the muse for negotiations and settlement discussions between the events. With a transparent understanding of one another’s monetary state of affairs, the events are higher geared up to succeed in mutually agreeable resolutions concerning the division of property and ongoing assist obligations. With out this readability, negotiations usually turn out to be contentious and protracted, growing authorized prices and emotional misery. Contemplate the state of affairs the place one celebration owns a carefully held enterprise; the Monetary Affidavit, supplemented by enterprise valuations, offers a complete image of the enterprise’s value, facilitating a good division of this important asset. A poorly ready or deliberately deceptive Monetary Affidavit obstructs this course of and hinders the potential for a negotiated settlement.
In abstract, the Monetary Affidavit is just not a standalone doc however an integral part of the broader “new mexico divorce papers” bundle. Its thorough completion and trustworthy disclosure of economic data are important for making certain equity, transparency, and effectivity within the divorce proceedings. Whereas challenges could come up in precisely valuing property or reconstructing monetary information, the significance of an in depth and truthful Monetary Affidavit can’t be overstated. It’s a cornerstone of equitable outcomes in New Mexico divorce instances, impacting each the fast monetary settlement and future assist obligations.
5. Settlement Settlement
A Settlement Settlement, when included into “new mexico divorce papers,” represents a binding contract outlining the phrases by which a divorcing couple resolves points corresponding to property division, spousal assist, little one custody, and little one assist. Its existence essentially alters the course of divorce proceedings. Moderately than leaving selections to the court docket, the events proactively decide the result, topic to judicial approval. As an example, as a substitute of a choose deciding the destiny of a family-owned enterprise, the Settlement Settlement dictates its possession or liquidation, impacting future monetary stability for each events. Its significance lies in selling autonomy and predictability, providing a structured various to doubtlessly unpredictable court docket rulings. The sensible significance rests in minimizing litigation prices and emotional pressure, as negotiated settlements usually result in swifter and fewer adversarial resolutions.
The influence of a Settlement Settlement extends past the fast divorce decree. It serves because the operative doc governing post-divorce relationships, significantly regarding child-related issues. For instance, an in depth visitation schedule outlined inside prevents future disputes and ensures constant parenting preparations. Additional, the readability supplied on monetary obligations, corresponding to spousal assist period and quantities, reduces the probability of subsequent authorized motion to change these phrases. Nevertheless, challenges come up when agreements are ambiguous or fail to anticipate future contingencies. A poorly drafted settlement can set off ongoing conflicts, underscoring the need of skilled authorized counsel to make sure readability and enforceability. The combination of such an settlement into divorce documentation is just not merely a procedural step, however a cornerstone of long-term stability.
In conclusion, the Settlement Settlement is an important part of “new mexico divorce papers” that empowers divorcing events to form their post-marital lives by negotiation and compromise. Its efficient implementation requires cautious consideration of all related points and diligent drafting to keep away from future ambiguities. Whereas its incorporation into the divorce paperwork simplifies the authorized course of, its ongoing relevance lies in its skill to facilitate a extra amicable and predictable transition for all events concerned. The challenges related to complicated monetary or custody preparations underscore the important want for competent authorized steerage in crafting such agreements.
6. Little one Custody
Little one custody preparations are integral to the formation of dissolution paperwork in New Mexico, instantly impacting the well-being and way forward for minor kids concerned in divorce proceedings. These preparations, addressing authorized custody (decision-making authority) and bodily custody (residency), should be meticulously documented throughout the set of “new mexico divorce papers.” The absence of a complete and court-approved custody plan renders the divorce incomplete and doubtlessly unenforceable concerning parental rights and obligations. As an example, and not using a clearly outlined visitation schedule throughout the divorce decree, one mother or father could unilaterally prohibit the opposite mother or father’s entry to the kid, resulting in additional authorized disputes. The authorized system prioritizes the perfect pursuits of the kid when figuring out custody preparations, necessitating cautious consideration of things such because the kid’s needs (if of ample age and maturity), every mother or father’s skill to supply a secure and nurturing surroundings, and the kid’s relationship with every mother or father.
The particular types and agreements associated to little one custody fluctuate, however typically embrace parenting plans outlining visitation schedules, decision-making obligations concerning schooling, healthcare, and non secular upbringing, and procedures for resolving future disputes. These plans are submitted as a part of the “new mexico divorce papers” and, upon court docket approval, turn out to be legally binding. Modifying a custody order requires demonstrating a considerable change in circumstances affecting the kid’s welfare, highlighting the long-term influence of the preliminary custody willpower. Contemplate a state of affairs the place one mother or father relocates out of state; this occasion sometimes necessitates a modification of the prevailing custody order to deal with transportation logistics and guarantee continued entry for the non-relocating mother or father. These circumstances underscore the necessity for adaptable and well-defined custody preparations from the outset.
In abstract, little one custody is just not a peripheral difficulty however a central factor of “new mexico divorce papers” that dictates the framework for parenting after divorce. The precision and foresight invested in growing custody preparations instantly correlate with the steadiness and well-being of the youngsters concerned. Challenges usually come up from conflicting parental needs and emotional complexities. Due to this fact, competent authorized illustration is essential to navigate the intricacies of New Mexico custody legal guidelines and advocate successfully for the kid’s greatest pursuits throughout the divorce course of. The result considerably shapes the kid’s life and the dad and mom’ ongoing relationship.
7. Property Division
Property division, as a authorized course of, is a important facet meticulously addressed inside New Mexico divorce proceedings. The truthful and equitable distribution of property and liabilities acquired throughout the marriage is formally documented as a part of “new mexico divorce papers,” requiring a complete understanding of group property legislation.
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Identification of Neighborhood and Separate Property
New Mexico is a group property state. Property and money owed acquired throughout the marriage are typically thought-about group property, topic to equal division. Property owned previous to the wedding or acquired as items or inheritances throughout the marriage are thought-about separate property and aren’t topic to division. Precisely classifying property as both group or separate is paramount, as this willpower dictates which property are divisible throughout the divorce decree, documented throughout the full set of “new mexico divorce papers.” For instance, a enterprise began earlier than the wedding is separate property, however its improve in worth throughout the marriage could also be thought-about group property.
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Valuation of Property
Figuring out the truthful market worth of all group property property is crucial for equitable division. This may occasionally contain value determinations of actual property, enterprise valuations, or assessments of economic accounts. Discrepancies in valuation can result in disputes, necessitating knowledgeable testimony or court docket intervention. The agreed-upon or court-determined values are then formally recorded within the “new mexico divorce papers,” particularly inside schedules and displays hooked up to the settlement settlement or remaining decree. Failure to precisely worth property may end up in an uneven distribution of wealth, impacting the monetary well-being of each events post-divorce.
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Equitable Distribution
New Mexico legislation mandates an equal division of group property. Whereas the place to begin is a 50/50 cut up, the court docket retains discretion to deviate from this if strict equality could be unjust or inequitable. Components thought-about embrace financial misconduct by one celebration or the dissipation of property. The ultimate property division, whether or not achieved by a settlement settlement or court docket order, is formally detailed throughout the “new mexico divorce papers,” legally binding each events to its phrases. An instance of unequal distribution may happen if one partner demonstrably wasted marital property on an extramarital affair.
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Debt Allocation
Just like property, money owed incurred throughout the marriage are additionally sometimes thought-about group obligations and are topic to division. The allocation of debt, outlining which celebration is answerable for particular liabilities, is documented within the “new mexico divorce papers.” This allocation doesn’t essentially absolve a celebration from legal responsibility to the creditor, nevertheless it does set up which celebration is finally answerable for reimbursement underneath the divorce decree. For instance, a mortgage on the marital dwelling could also be assigned to the partner who receives the house within the property division, though each spouses could stay liable to the financial institution.
The meticulous strategy of figuring out, valuing, and distributing property, together with the allocation of debt, underscores the important function these steps play in divorce proceedings. The ensuing documentation, formalized as “new mexico divorce papers,” legally solidifies the monetary separation of the divorcing events and establishes a framework for his or her future monetary independence.
8. Ultimate Decree
The Ultimate Decree represents the culminating doc throughout the set of “new mexico divorce papers,” formally dissolving the wedding and legally binding the events to its phrases. Its issuance signifies the top of the divorce proceedings and the graduation of separate lives.
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Authorized Dissolution of Marriage
The Ultimate Decree definitively terminates the marital standing, granting every celebration the authorized proper to remarry. This authorized separation is explicitly said throughout the doc, confirming the top of the wedding within the eyes of the legislation. The absence of a Ultimate Decree means the events stay legally married, no matter any prior agreements or separations. This dissolution is the first function of the intensive documentation constituting “new mexico divorce papers.”
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Enforcement of Agreements and Orders
The Ultimate Decree incorporates or references all prior agreements reached between the events, corresponding to settlement agreements concerning property division, spousal assist, and little one custody. It additionally contains any orders issued by the court docket throughout the divorce proceedings, corresponding to non permanent orders for assist or restraining orders. These agreements and orders turn out to be legally enforceable upon the issuance of the Ultimate Decree. If a celebration fails to adjust to the phrases of the Ultimate Decree, the opposite celebration can search enforcement by the court docket. The exact phrases for property division, assist and custody are outlined on this remaining order, which is a pivotal instrument among the many “new mexico divorce papers.”
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Res Judicata and Collateral Estoppel
The Ultimate Decree carries the authorized rules of res judicata and collateral estoppel, that means that points determined within the divorce continuing can’t be relitigated in subsequent authorized actions. As soon as the Ultimate Decree is issued, the issues resolved therein are thought-about remaining and binding, stopping countless cycles of litigation over the identical points. For instance, if the Ultimate Decree awards a selected asset to at least one celebration, the opposite celebration can not later declare an possession curiosity in that asset, emphasizing the importance of “new mexico divorce papers” in defining post-divorce authorized rights.
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Future Implications
The phrases of the Ultimate Decree have long-term implications for each events. Property division dictates future monetary independence, spousal assist impacts revenue streams, and little one custody preparations form parental relationships. These phrases are troublesome to change absent a considerable change in circumstances. The Ultimate Decree due to this fact serves as a roadmap for the events’ post-divorce lives, influencing their monetary stability, parental obligations, and total well-being. This future steerage makes “new mexico divorce papers” important in planning for the remainder of their lives.
In abstract, the Ultimate Decree is excess of a easy declaration of divorce. It’s a complete authorized doc that defines the rights and obligations of every celebration, ensures the enforcement of prior agreements and orders, and prevents future litigation. Understanding its significance throughout the context of “new mexico divorce papers” is essential for navigating the complexities of divorce and securing a secure future after the dissolution of marriage.
9. Submitting Charges
Submitting charges are an unavoidable price related to initiating and processing divorce actions in New Mexico. Cost of those charges is a compulsory prerequisite for the court docket to just accept and proceed with any paperwork pertaining to the divorce case, successfully rendering “new mexico divorce papers” incomplete with out correct payment remittance. Failure to pay the required submitting charges on the time of submission ends in rejection of the submitted paperwork, delaying the graduation or continuation of the divorce proceedings. As a direct consequence, authorized timelines are disrupted, and the decision of associated points corresponding to property division, little one custody, and spousal assist is postponed. An instance illustrates this level: if the preliminary Petition for Dissolution of Marriage is submitted with out the suitable submitting payment, the court docket is not going to formally docket the case, thereby precluding the respondent from being formally served and stopping the graduation of any subsequent court docket actions.
The particular quantity of those mandated funds can fluctuate relying on the character and complexity of the filings. Extra prices could come up for motions, appeals, or requests for particular court docket providers. The monetary burden imposed by these charges can disproportionately have an effect on low-income people searching for divorce. Recognizing this, New Mexico courts provide a payment waiver program for many who display monetary hardship. Candidates should submit an affidavit detailing their revenue and property, and if accredited, they’re exempt from paying sure court docket charges. This exemplifies the authorized system’s try to supply entry to justice, making certain that people aren’t denied the proper to divorce solely because of monetary constraints. Nevertheless, even with a payment waiver, people should still incur prices for course of servers, mediation, or authorized illustration, demonstrating the multifaceted monetary calls for related to divorce, even whereas finishing the associated “new mexico divorce papers.”
In conclusion, submitting charges characterize a vital but doubtlessly burdensome factor of the divorce course of in New Mexico. They instantly influence the accessibility and development of “new mexico divorce papers” by the court docket system. Whereas mechanisms corresponding to payment waivers exist to mitigate monetary hardship, the general price stays a major consideration for people considering or present process divorce. Understanding the implications of those charges and the supply of help applications is important for successfully navigating the authorized complexities of marital dissolution.
Regularly Requested Questions About New Mexico Divorce Papers
This part addresses frequent inquiries concerning the formal paperwork required to provoke and finalize divorce proceedings in New Mexico. These solutions goal to supply readability on procedures and necessities.
Query 1: What paperwork are important to provoke a divorce in New Mexico?
The Petition for Dissolution of Marriage is the preliminary submitting required to begin divorce proceedings. Different important paperwork embrace Summons, Confidential Info Sheet, and doubtlessly, motions for non permanent orders regarding little one custody, assist, or property.
Query 2: How does one receive the required types for a divorce?
Clean types are typically obtainable from the court docket clerk’s workplace within the related judicial district or on-line by the New Mexico Courts web site. Many attorneys additionally present these types to their purchasers as a part of their authorized providers.
Query 3: Is it necessary to make use of the standardized court docket types?
Whereas standardized types are generally used and available, using them is just not strictly necessary, supplied the submitted paperwork adhere to all procedural necessities and substantive legislation.
Query 4: What are the procedures for serving the divorce paperwork to the opposite partner?
The Summons and Petition should be formally served upon the respondent, sometimes by private service by knowledgeable course of server. Various strategies, corresponding to service by publication, can be found underneath particular circumstances.
Query 5: What’s the timeframe to reply as soon as served with divorce papers?
The respondent typically has 30 days from the date of service to file a proper response with the court docket, contesting or acknowledging the claims made within the Petition.
Query 6: What happens if the respondent fails to reply throughout the allotted timeframe?
If the respondent fails to file a well timed response, the petitioner could search a default judgment, permitting the court docket to grant the divorce based mostly solely on the data offered by the petitioner.
Understanding these basic features of divorce paperwork helps people navigate the preliminary phases of marital dissolution extra successfully.
The next part addresses the significance of authorized counsel in navigating complicated divorce proceedings.
Navigating Divorce Paperwork in New Mexico
Efficiently navigating divorce proceedings in New Mexico necessitates an intensive understanding of the required documentation. The next suggestions present steerage on managing the complexities related to these authorized devices.
Tip 1: Perceive the Required Varieties: Familiarize with all mandatory types, together with the Petition for Dissolution of Marriage, Summons, and Monetary Affidavit. Incorrectly accomplished types may cause delays.
Tip 2: Guarantee Correct Service: Adhere strictly to the principles concerning service of course of. Improper service can invalidate the whole continuing. Make use of knowledgeable course of server for dependable execution.
Tip 3: Disclose All Monetary Info: Present full and correct monetary data within the Monetary Affidavit. Omission or misrepresentation may end up in authorized penalties.
Tip 4: Search Authorized Counsel: Advanced instances, significantly these involving important property or little one custody disputes, profit from authorized illustration. An lawyer can guarantee compliance with all authorized necessities.
Tip 5: Hold Detailed Information: Preserve meticulous information of all communications, monetary transactions, and court docket filings associated to the divorce. These information are important for substantiating claims and arguments.
Tip 6: Perceive Neighborhood Property Legal guidelines: New Mexico is a group property state. Perceive the excellence between group and separate property to make sure a good division of property.
Tip 7: Adhere to Deadlines: Strictly adhere to all court-imposed deadlines. Failure to fulfill deadlines may end up in hostile rulings.
Diligent adherence to those suggestions helps to streamline the divorce course of and mitigate potential problems. Correct completion, meticulous record-keeping, and understanding authorized obligations are important for a good final result.
This data offers a foundational understanding of divorce-related paperwork in New Mexico. Seek the advice of authorized professionals for particular recommendation associated to particular person circumstances.
Conclusion
The previous exploration has detailed the important parts of “new mexico divorce papers”, from the preliminary Petition to the Ultimate Decree. Every kind and process performs a significant function in legally dissolving a wedding and establishing the framework for post-divorce life. Correct completion, well timed submitting, and adherence to authorized necessities are paramount to making sure a good and enforceable final result.
The cautious navigation of those authorized devices is essential for safeguarding particular person rights and reaching a secure future after divorce. Consulting with authorized counsel stays advisable to deal with the complexities of particular conditions and navigate the intricacies of New Mexico divorce legislation. Finally, the diligent administration of “new mexico divorce papers” contributes to a extra predictable and equitable decision.
