New Mexico Petition for Legal Separation
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FAQ
To be legally separated, you and your spouse must live apart and intend to do so permanently. During this process, you'll divide property, determine liability for outstanding debts, decide on child custody issues, and determine spousal and child support.
People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate
Separation simply means living apart. You do not need to file court papers to separate. The law does not require you to live with your spouse.A mediator or lawyer can help you and your spouse reach an agreement.
For a legal separation, there is no residency requirement. If children are involved, they must live in New Mexico for at least six months before the court has jurisdiction to decide custody, visitation, and child support. There is no time requirement before a person can file for a legal separation.
Yes, it is mandatory. Each party must obtain independent legal advice prior to signing a separation agreement. You also cannot use the same lawyer and should not use the same law firm. If you fail to obtain advice from a lawyer, the separation agreement will be unenforceable.