How Does Legal Separation Work in New Mexico?
What have you not done to make your troubled marriage work? Most marriages don’t work. However, despite your biggest efforts, divorce may not be the solution to your troubles, and you may want to do one last thing for the marriage to work. In most cases, couples ask for time off.
If you are considering time off too, and if you wonder if there is a legal way to take time off, protecting yourself and your children, you are in luck. Your last option is a legal separation.
In New Mexico, legal separations are filed whenever both spouses have physically, and permanently separated from each other. This is the case for New Mexico residents who aren’t ready to file for a divorce.
Legal Separation and divorce
As a whole, legal separation is a lot like a divorce except for the fact that legal separation isn’t a termination of the marriage. Also, the documents signed hold different names. The New Mexico marital separation agreement is called a verified petition for legal separation while the final decree issued by the court is called the Final Decree of Legal Separation.
In legal separation proceedings in New Mexico, all the issues determined by a family law court are also determined during the legal separation hearings.
For legal separation, either spouse may start the legal proceedings in the New Mexico district court. At court, the matters deliberated on include child support, child custody, spousal support, as well as the division of debt and property.
Also, just like a divorce, you can enter into a legal separation agreement through a settlement. A legal marital separation agreement in New Mexico refers to a written agreement which describes your rights and obligations. This also settles all the issues on custody, support, and division of property, along with all other issues the parties deem important.
Reasons for and against legal separation
Legal separation does not free you and your spouse from your bounds of marriage; so, you remain married to each other after the legal separation proceedings.
Also, it takes a long time, just like a divorce. It is stressful, and there are many court hearings involved.
But, considering these drawbacks, why do married couples opt for the separation agreement, anyway?
Religion – some people choose to remain married but live apart after signing marital separation agreements
Assets and debts – in some cases, both parties wish to separate their assets and debts. This happens when one party is worried about the other party running up a significant amount of debt that is detrimental to the finances of the other. Division of property isn’t retroactive, it is proactive, and so, both parties are equally responsible for debts and assets incurred before the legal separation under the Community Property Laws of New Mexico.
If you have put all these elements under consideration, but you remain convinced that you should not get a divorce yet, take time to decide if the marriage is worth another chance, or you are just trying to ease into the whole divorce thing, getting a separation agreement is important. You can fast-track the process with this New Mexico Marital Separation Agreement template by filling above mentioned steps.
Whether you live in Albuquerque, Las Cruces, Rio Rancho, Santa Fe or any other city of New Mexico, you can use our legal forms easily.