Legal Separation In New Mexico
Legal separation is a legal process through which a married couple can live separately and formally establish their rights and obligations towards each other, without actually ending their marriage. It is a way for couples to take some time apart to decide whether they want to work on their marriage or pursue a divorce.
During a legal separation, the couple typically enters into a formal agreement, called a separation agreement, which outlines issues such as child custody, child support, spousal support, and division of property and debts. This agreement is legally binding and enforceable by the courts.
New Mexico is one of the few states in the U.S. that allows for legal separation without requiring the spouses to first file for divorce.
To obtain a legal separation in New Mexico, one or both spouses must file a petition with the court. The petition must state the grounds for the legal separation, such as incompatibility or adultery, among other grounds. The couple will also need to reach an agreement on issues such as child custody, child support, spousal support, and division of property and debts. Once the court approves the agreement, a decree of legal separation is issued, which establishes the rights and obligations of each spouse.
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