Legal Separation in Albuquerque New Mexico
Divorce can be a devastating. At times the road to divorce can be drawn out with separations that are followed by reconciliations, which ultimately lead to divorce. No matter where you stand on the road to divorce, this article helps you to understand the differences between legal separation and divorce case in Albuquerque, New Mexico.
WHAT IS LEGAL SEPARATION IN ALBUQUERQUE, NEW MEXICO?
With legal separation a couple separates aspects of their lives such as assets/debts and custody, while remaining legally married. There are generally two types of separation:
- Trial separation; and
- Legal Separation.
WHAT IS THE DIFFERENCE BETWEEN LEGAL SEPARATION AND TRIAL SEPARATION?
Legal Separation in New Mexico
Legal separation involves a formal process of requesting a New Mexico court to enter formal orders that divide assets/debts and determine child custody related issues. Legal separation involves a New Mexico entering an order regarding:
New Mexican couples generally choose legal separation when they want a court order that controls marital aspects such as community property and child custody, while remaining legally remaining married.
Trial Separation in New Mexico
Trial separation is an informal process that does not involve New Mexico courts. Trial separations involve time apart while the couple evaluates their marriage and decides if they want to pursue a divorce. Assets and debts that are accumulated during a trial separation are still considered community property, as the parties are still legally married.
WHAT IS THE DIFFERENCE BETWEEN A LEGAL SEPARATION AND A DIVORCE IN ALBUQUERQUE, NEW MEXICO?
LEGAL SEPARATION PROCESS IN NEW MEXICO
In Albuquerque, New Mexico, the process for legal separation is the same as divorce. Both legal separation and divorce require the following:
- Residency requirement with one spouse living in NM for six months;
- Petition that opens the case;
- Marital Settlement Agreement dividing community assets and debts; and
- Parenting Plan that determines child custody, time-sharing and child support.
The major difference between a legal separation and divorce is the Final Decree. With a divorce the parties are legally divorced and “single.” With a legal separation the parties are still legally married and cannot remarry.
Couples commonly believe that legal separation is less formal, inexpensive, or easier to achieve than a divorce. This is incorrect. Legal separation and divorce are effectively the same and require the same amount of time and expense to complete. In other words, a legal separation is not easier, less time consuming, or inexpensive relative to a divorce.
Legal separation is rarely used as an alternative to divorce, because both are virtually identical other than the final result.
WHY WOULD YOU GET A LEGAL SEPARATION INSTEAD OF A DIVORCE IN NEW MEXICO?
In New Mexico, the process involved with legal separation and divorce are essentially identical. Couples may choose legal separation for a number of reasons including:
- One last chance to salvage the marriage;
- A chance to ease into the thought divorce;
- Social stigma attached with divorce;
- Moral or religious beliefs against divorce;
- Ability to maintain health insurance or other insurance;
- Ability to file taxes jointly; or
- Because all aspects of a divorce have already been determined, a legal separation can be easily transferred into a divorce through Motion or Stipulated Order.
Are you considering a legal separation in New Mexico? If so it is important to understand that legal separation and divorce c are essentially identical. The only difference between legal separation and divorce is the fact that one remains married after the Final Decree of Legal Separation is signed.
Once a legal separation is finalized, all divorce issues are resolved other than terminating the divorce. Because of this fact, the legal separation can be easily transferred into a divorce through a Motion or Stipulated Order.
DISADVANTAGES OF A LEGAL SEPARATION IN NEW MEXICO?
The disadvantages of a legal separation include:
- Lack of closure and finality;
- Cannot remarry until divorced; and
- Same process of a divorce, with added step of then transferring to a divorce.
LEGAL SEPARATION AND MARITAL SETTLEMENT AGREEMENT IN NEW MEXICO
In New Mexico, a legal separation requires a Marital Settlement Agreement (MSA). A MSA is a legally binding document that resolves community property issues such as:
- Division of community property and debt
- Debts (credit cards, medical, student loans);
- Distinguishing separate vs. community property;
- Assets (cars, marital home, personal property, bank accounts, retirement);
- Spousal support/alimony.
Similar to a divorce, a legal separation must include an MSA that addresses all community property issues.
WHO GETS CUSTODY OF THE CHILDREN?
In New Mexico, finalizing a legal separation requires a completed Parenting Plan. A Parenting Plan is a legally binding document that resolves issues affecting the children, including:
- Custody;
- Timesharing; and
- Child support.
Similar to a divorce, a Parenting Plan must be completed in order to finalize the legal separation. The Parenting Plan issues can either be decided amicably — or the court can determine the appropriate timesharing based on the best interests of the child standard.
WHAT ARE THE GROUNDS FOR A LEGAL SEPARATION IN ALBUQUERQUE, NEW MEXICO?
In Albuquerque, New Mexico, the grounds for legal separation and divorce are the same. New Mexico is a no-fault state, which means that you do not have to prove fault to request a divorce or legal separation. You can request a divorce or legal separation based on incompatibility or irreconcilable differences.
CAN I DATE OR REMARRY WHILE BEING SEPARATED?
Morals and laws often fail to overlap. Often, what is morally and legally acceptable differ. Being legally separated does not mean that you are legally single. Separated spouses can date other people without violating bigamy laws. However, the legal separation must be transferred into a divorce before either spouse may remarry.
WHAT IS THE COST OF A LEGAL SEPARATION IN ALBUQUERQUE, NEW MEXICO
Based on the similarities between divorce and legal separation in Albuquerque,New Mexico. the two processes generally cost the same. A legal separation can cost more than a divorce, in situations where the separation is later transferred into a divorce. Similar to divorce, the overall expense depends on the facts and issues within the case.
CAN I GET A LEGAL SEPARATION WITHOUT A LAWYER IN NEW MEXICO?
Sure. Similar to a divorce, you can complete the necessary process without a lawyer. You can also fix your plumping without a plumber — or repair your car’s transmission without a mechanic. It is often best to retain an attorney to guide you through the emotional process, while navigating New Mexico law and procedure.
(505) SANCHEZ CAN ANSWER YOUR QUESTIONS
Do you still have questions about Legal separation in Albuquerque, New Mexico? Are you wondering if a legal separation in New Mexico is right for you? Choosing between a legal separation and divorce often requires the experienced hand and knowledge that comes with years of courtroom practice. Matthew Legan Sanchez has the experience needed to handle your unique case and guide you through your legal separation or divorce case in New Mexico. Sanchez can be reached by calling (505) SANCHEZ.
Legal separation vs. divorce in New Mexico
