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New Mexico Legal Separation Attorney

Is Legal Separation an Option for You?

If you are not ready or not sure about dissolving your marriage, legally separating from your spouse is an option you can consider. Separation within a marriage, whether amicable or not, is defined as a physical separation. Typically, spouses live in different residences once they decide to separate. During a separation, you can make arrangements with your spouse regarding shared custody of the children, spousal support, and property rights. A qualified Albuquerque divorce attorney will inform you of your rights and the obligations that still exist during an amicable or non-amicable legal separation.

Reasons to Choose Separation Rather Than Divorce

Some people want to file for divorce right away once they decide the marriage is no longer working.  Other people need more time to figure out if divorce is the right choice. In those situations, filing for a legal amicable separation may be the best option. Reasons why people choose to separate and delay dissolving the marriage in its totality, include:

  • Uncertainty about ending the marriage
  • Worried about how a divorce will affect the family
  • Not wanting to live together or share finances, assets, and debt liabilities going forward
  • Not comfortable with getting a divorce due to religious beliefs

Things to Consider Once Legal Separation Goes Into Effect

There are spouses who believe that getting an amicable or non-amicable separation is more cost-effective than proceeding with a divorce. Yet, many of the issues that must be resolved during a divorce also need to be addressed when the spouses decide to separate. Some of the issues that need to be discussed are:

  • Child custody and visitation schedules
  • Child support payments
  • Reviewing assets and debts acquired during the marriage to figure out which is community property and separate property
  • Spousal support
  • Which spouse will be responsible for paying certain debts
  • Which spouse will have access to different properties and assets

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Frequently Asked Questions

Does legal separation affect health insurance?
Parties often try to avoid losing their spouse’s insurance coverage by entering into an amicable legal separation rather than a divorce. While this may be technically correct, many, but not all insurance companies will cancel insurance based upon a decree of legal separation.

How does legal separation work?
The process for a legal separation is almost exactly the same as that of a divorce. The only real difference is that a petition for legal separation is filed to open the case rather than a petition for dissolution. And at the end of the case, the parties receive a decree of legal separation instead of a decree of dissolution. Otherwise, the internal process of the cases are the same.

How is legal separation different from a divorce?
A legal separation and a divorce both address the same legal issues. The only difference is that the parties are divorced at the end of a divorce case, but are still married at the end of a legal separation.

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Email: info@newmexicolegalgroup.com

(505) 843-7303

Albuquerque Office
2701 Arizona Street NE
Albuquerque, NM 87110
(505) 843-7303

Rio Rancho Office
4351 Jager Dr., NE
Rio Rancho, NM 87102
(505) 247-4529

Las Cruces Office
300 S Water St.
Las Cruces, NM 88001
(575) 339-2100

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