In the State of New Mexico, a legal separation may be a viable option for parties who have decided to physically separate from one another. While said action may not be right for every couple, it can serve as a preferable alternative for those who wish to have a trial separation period or ease their way into the process before pursuing the finality of a formal divorce proceeding. Generally speaking it is important to understand that there are a litany of advantages and disadvantages associated with a legal separation action, each of which should be considered before ultimately deciding to take this path. With this in mind, it is highly recommended that you speak with an experienced New Mexico family lawyer in order to determine what is best for you in light of your individual set of circumstances.
The Pros of a Legal Separation
There are a whole host of reasons why some couples choose to decide to remain married yet avail themselves of the benefits of a legal separation. For instance, while a legal separations means that two individuals will live separately and apart, it nonetheless allows a couple to continue to enjoy the benefits associated with being married. Specifically, couples whose religious beliefs preclude them from seeking a formal divorce or for those that wish to continue to jointly reap the insurance, estate and tax benefits associated with being married may be perfect candidates for a legal separation. Moreover, a legal separation, as with a divorce, allows for parties to formally determine child custody, child support, identification of community and separate property, division of property and debt, and spousal support. This can be effectuated via the court system or through a settlement agreement. However, parties can terminate the legal separation by behavior alone, which means that should they choose to reconcile the marriage, they can move back in together and once again begin to accrue community property.
The Cons of a Legal Separation
Notwithstanding the multitude of benefits associated with a legal separation, there are a number of drawbacks to consider. First and foremost, a legal separation does not completely sever your legal ties with your spouse, meaning that you cannot remarry until a final divorce decree has been effectuated. Moreover, a legal separation is very similar to the divorce process in that it can result in a substantial amount of attorneys’ fees and court costs, may involve a number of formalities such as judicial hearings, and can be just as time consuming. For example, couples in New Mexico who are seeking a legal separation must file with the district court of applicable jurisdiction what is known as a verified petition for legal separation, which may include such issues as child custody, child support, spousal support, and a number of additional divorce-related issues With this in mind, it may be worthwhile for parties who are certain about terminating their marriage to file for divorce upfront rather than go through a legal separation and then have to return to court to convert it into a divorce proceeding. Or, for those that wish to pursue a trial separation, it may be worthwhile to consider a non-legal physical separation instead so that you do not get stuck with costs that may end up being unnecessary in the long run.
Although this article may have clarified some of the uncertainty surrounding the issues you are currently facing, it is solely designed to provide you with an overview of the law and does not constitute legal advice. Accordingly, we urge you to contact a qualified New Mexico family law attorney who will review your case and offer you advice that is uniquely tailored to meet your individual needs. For more information on seeking a legal separation, contact our office today at (505) 247-2390 to schedule a free, confidential consultation.
Comments are closed