A legal separation agreement is a written agreement that describes your rights and settles the above-mentioned issues along with any other issues deemed important to the parties. On the whole, legal separations are the same in all aspect to a divorce, with a few exceptions.
For instance, the marriage is not terminated. People get legally separated rather than divorced for many reasons, including religion or the need for maintaining marriage benefits that would be lost upon a divorce. There are also situations where one or both parties wish to separate their assets and liabilities. The emphasis is on liabilities and debt.
This is not too uncommon and can arise in many situations where one party is running up significant debt to the detriment of the other. Keep in mind that the division of debt is prospective, and not retroactive.
This means that the parties are equally responsible under the community property laws of New Mexico for debt incurred prior to the legal separation. In New Mexico, the process for legal separation is the same as divorce.
Both legal separation and divorce require the following:. The major difference between a legal separation and divorce is the Final Decree. 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. 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:.
Are you considering a legal separation in New Mexico? If so it is important to understand that legal separation and divorce 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.
A MSA is a legally binding document that resolves community property issues such as:. However, if you have children or significant assets and debts, it's best to consult with a family law attorney to inform you of your legal rights and responsibilities. From there, you can determine whether you need to hire an attorney to represent you through the entire legal proceeding or just for a certain part for example, a complicated custody hearing.
It's also important to note that one lawyer cannot represent both spouses. If you can't afford an attorney but need help, there are some free legal resources in New Mexico. New Mexico Legal Aid is another great resource for New Mexico residents who meet the income requirements. You can access their website by clicking here. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Child Custody Child Support. Alimony Divorce and Property. Market Your Law Firm. Lawyer Directory. Call us at 1 Divorce and Legal Separation in New Mexico. Answers to questions about about divorce and legal separation in New Mexico. What Is Legal Separation? Why Choose Legal Separation? Residency Requirements for Divorce and Legal Separation In New Mexico, at least one spouse must live in the state for 6 months before filing for divorce.
Does New Mexico Require Separation? Filing for Legal Separation Once you've decided to file for a legal separation, you will need to complete the required forms and submit them, along with a fee, to the district court in the county where you live.
Along with provisions regarding significant issues like custody and support, your agreement should include: the date of your separation whether you'll share bank accounts or other assets a division of the marital property you owned at the date of your separation a provision regarding how you'll split property either spouse acquires after the separation which spouse will continue to drive the marital vehicles , and any other issue important to your family.
Do I Need to Hire a Lawyer? Talk to a Lawyer Need a lawyer?
0コメント