Filing for Legal Separation in New Mexico

Divorce is not a decision that is made lightly, especially after investing many years into a marriage. As a result, some couples seek out legal separation, which allows them to live separately but remain legally married. We can guide you through this process, no matter which path you and your spouse ultimately take.

Legal Separation vs. Traditional Divorce

Separation papers are mandated by the court when a couple chooses to live in separate residences but not proceed with a divorce. With legal separation, couples are treated as though they are married even while living apart. For instance, legally separated couples still share the same property and assets. They’re also not free to marry others, since they are legally married. Separation can be afforded on a trial basis or it can be permanent.

Conversely, divorce is the process of dissolving a marriage so that each party reverts to his or her pre-married state. Property and assets are divided according to the laws of New Mexico or the couple’s wishes, while any benefits one spouse receives would not automatically be extended to the other once the divorce has been finalized. Additionally, both parties free to marry others in the event of a divorce.

Reasons for Legal Separation

The reasons for choosing legal separation over divorce vary greatly. Divorce subsequently ends a marriage, so couples hoping to reconcile at some point in the future may choose to become legally separated to work out their differences. Many couples also subscribe to religious beliefs that forbid divorce, so legal separation allows them to remain in line with their beliefs while also doing what’s right for their family.

Practical matters may also come into play. For example, when health insurance benefits are provided through a person’s employer, he or she may be reluctant to divorce since these benefits will no longer be available. This is often a consideration when kids are involved, as purchasing insurance for a family on your own is often quite expensive.

Other Divorce Options Available to Couples

Of course, some couples consider divorce to be their only option when experiencing trouble in their marriage. In this case, you don’t necessarily need the assistance of an attorney to proceed. The state of New Mexico allows people to represent themselves in court, which is a beneficial to couples looking to resolve issues amicably.

Couples are free to start the divorce process on their own, or they can seek assistance to work through any issues. Mediation is a good option for couples who are in agreement about most issues but need help working through some of the details.

With Our Support, You Can Make the Right Decisions

We offer a wide range of resources to couples in search of a simplified divorce or separation process. Learn more by reading answers to frequently asked divorce questions. When you’re ready, gets started by registering your account, which allows you to access the necessary forms.