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While many people assume divorce is the only way to end your marriage, Legal separation is also recognized and available in the state of New Mexico. Thus, an action for legal separation may be filed whenever both spouses have permanently and physically separated from each other.
If there are no minor children involved and the spouses wish to waive the thirty (30) day waiting period, the spouses must have been separated at least thirty (30) days. Divorce papers in New Mexico are filed with the Clerk of the District Court in the county where either of the parties resides.
The process begins with the filing of a petition by one spouse. The petition must state the reasons for the separation, including any violent or abusive behavior on the part of the other spouse. If the court agrees that a judicial is necessary, it will order the couple to begin the separation process.
In New Mexico, there is no difference in the steps necessary to obtain a legal separation as a divorce. Unlike some states, you do not need to obtain ?legal separation? before you can get a divorce. Just living in separate households or no longer having intimate relations does not mean you are ?legally separated?.