An Overview of Legal Separation in New Mexico
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The statute of New Mexico recognizes the provision of legal separation and has the documents for the same. The couple needs a written contract dividing the property, determining the rights, responsibilities and duties of the couple and for the settlement of the issues such as child custody, support and visitation along with spousal support, alimony and other issues pertaining to the separation of the couple.
The legal separation in New Mexico is also known as marital separation, which enables the couple to stay separate and apart for helping them resolve the marital issues between them. The process of legal separation is almost same to the process of divorce. However, the only difference between a divorce and a legal separation is that the couple remains technically married but are legally separated.
The only ground for obtaining legal separation in New Mexico is when the couple have stayed separate and apart for at least one year before filing for separation with no intention of getting back together. There should not have been any sexual relationship between the couple in this period and they must state clearly that their marriage is irretrievably broken and thus they need to separate.
The process being same as the divorce process, legal separation is not a cheap or quick option as compared to divorce according to the popular misconception. The process of legal separation takes as much time as the divorce process because the same kind of papers need to be submitted. This makes the process time consuming and lengthy.
Legal Separation Agreement in New Mexico:
As mentioned earlier, in order to get a legal separation in New Mexico, a couple has to sign a settlement agreement, which consists the decisions and directions of important marital issues such as child care, health care, property settlement, financial matters, household bills and other expenses the couple is responsible for, even after separation is granted.
This settlement agreement deals with a variety of issues as mentioned above. Let us have a look at these issues one by one so as to understand the importance of attending each issues during the preparation of settlement agreement rather than conflicting and litigating later. These issues are as follows:
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