Legal Separation Laws in New Mexico
Posted by Separation - 29/01/09 at 08:01 pmLegal Separation Laws in New Mexico
In New Mexico, the essence of legal separation and divorce is the same. The only difference is that they are still legally married but do live separately. Also, the legal separation laws in New Mexico do not give the spouse the right to marry another person. When there is a permanent separation of spouses, a legal separation suit can be filed. All the issues that are being tackled are support for the child and spouse, distribution of assets and liabilities, and custody and visitation of the child when there is any. Since New Mexico is a no fault state, it does not allow the cancellation of the case even if one of the parties disagrees.
Under the legal separation laws in New Mexico, the domestic matters are handled by a judge and not jury. It is recommended that the two parties have an agreement prior to the decisions to make the process easier. The properties are distributed equally between the husband and wife. The property owned prior to the marriage is not included in the things that will be divided since they are separate assets and are not considered community property. On the other hand, spousal support is granted either to the husband or wife. The factors that will govern this decision will be decided by the court. Moreover, the child’s interest is always on top. Custody is given to the parent who can fully support the child as he or she grows up. Support must be provided to be able to make this happen.
The legal separation laws in New Mexico do not require the parties to have a lawyer to represent themselves in the proceedings.
