When it comes to ending a marriage in New Mexico, there are two options available: divorce and legal separation. While both options address the need to separate from a spouse, there are several differences between the two. In this article, we’ll explore the differences between divorce and legal separation in New Mexico.
Divorce in New Mexico
A divorce, also known as a dissolution of marriage, is the legal process of ending a marriage. In New Mexico, a divorce is granted when at least one spouse files a petition for divorce with the court, and the court finds that the marriage is irretrievably broken. To file for divorce in New Mexico, either spouse must have lived in the state for at least six months before filing.
Division of Property and Debts
One of the key differences between divorce and legal separation in New Mexico is the division of property and debts. In a divorce, the court will divide the couple’s property and debts according to New Mexico’s community property laws. Essentially, this means that any property or debts acquired during the marriage will be divided equally between the spouses, unless there is a valid prenuptial agreement stating otherwise.
Spousal Support
Another key difference between divorce and legal separation in New Mexico is spousal support. In a divorce, the court may order one spouse to pay spousal support (also known as alimony) to the other spouse. The amount and duration of spousal support will depend on the financial circumstances of each spouse and other factors, such as the length of the marriage.
Remarriage
After a divorce is granted, both spouses are free to remarry.
Legal Separation in New Mexico
A legal separation is a court order that defines the rights and responsibilities of each spouse while they are living apart. In a legal separation, the couple is still legally married, but they are no longer living together. To obtain a legal separation in New Mexico, one spouse must file a petition with the court, and the other spouse must be served with a copy of the petition.
Division of Property and Debts
In a legal separation, the court may still divide the couple’s property and debts, but the division will not be final until the couple divorces or reconciles.
Spousal Support
In a legal separation, the court may also order one spouse to pay spousal support to the other spouse. However, unlike in a divorce, the court will not dissolve the marriage, and the spouses will still be able to file joint tax returns and receive each other’s health insurance benefits.
Remarriage
In a legal separation, the spouses are still legally married, so they cannot remarry unless they first obtain a divorce.
Conclusion
In conclusion, the main difference between divorce and legal separation in New Mexico is that divorce ends the marriage, while legal separation allows the couple to live apart while remaining legally married. Divorce results in a final division of property and debts, while legal separation does not. Additionally, only divorce allows the spouses to remarry. If you are considering ending your marriage in New Mexico, it is important to consult with an experienced family law attorney to help you understand your options and guide you through the process.