What is the Difference between Divorce and Legal Separation?
A divorce ends a marital relationship. Specifically, you file a Petition of Dissolution of Marriage and the court ultimately enters a Decree of Dissolution of Marriage which terminates the legal marital relationship. There is no such thing as a common law divorce in New Mexico. In order to get a divorce all you need are “irreconcilable differences” in the marriage. This is what is typically referred to as “no fault divorce.” Marital misconduct is generally not a factor unless it has an impact on the children or the equitable division of the marital estate. New Mexico also allows for a “fault” divorce which can be based on adultery, abandonment, and cruel and inhuman treatment.
A legal separation is the same in all respects to a divorce, with some exceptions. First, the marriage is not terminated. Second, the parties are not free to remarry. Third, the petition is called a “Verified Petition for Legal Separation.” Fourth, the decree is called a “Final Decree of Legal Separation.” Many people often get a legal separation versus a divorce for religious reasons or because they want their spouse to retain the rights to some form of benefits which they would loose in a divorce.
Call us today for more information regarding the differences in divorce versus a legal separation.
Tags: Divorce, Legal Separation, Paternity
