WHAT IS LEGAL SEPARATION
Legal separation allows married couples to live separately while remaining legally married. Unlike divorce, it does not dissolve the marriage. Still, a decree of legal separation is filed with the Court and addresses many of the same issues as a divorce, such as division of assets and debts, spousal support, child custody, timesharing, and child support.
REQUIREMENTS FOR LEGAL SEPARATION IN NEW MEXICO
To file for legal separation in New Mexico, certain requirements must be met:
- Residency: At least one spouse must be a resident of New Mexico for at least six months prior to the filing of the petition, or a member of the armed forces stationed in the state.
- Grounds: New Mexico is a “no-fault” state, meaning that couples can seek legal separation without proving fault or assigning blame. The most common ground for legal separation is incompatibility.
- Filing: The process begins by filing a Petition for Legal Separation with the district court in the county where either spouse resides.
KEY CONSIDERATIONS
New Mexico recognizes the legal concept of community property, which defines the ownership of assets acquired during a marriage. In New Mexico, any property acquired during a marriage is considered equally owned by both spouses, regardless of who earned the income to pay for the asset or whose name it is in. This is not limited to physical assets like homes or cars but also applies to rental income; investments, retirement accounts, businesses started during the marriage, and wages earned by each spouse during the marriage.
Courts may award spousal support (alimony) to one spouse based on factors such as income disparity, earning capacity, the parties’ age and health, and the duration of the marriage.
If the couple has children, arrangements for custody, visitation, and child support will be determined. Courts prioritize the best interests of the child when making these decisions.
