Legal Question in Family Law in New Mexico
Requesting continuation of legal separation as respondent in petition for dissol
I would like to know if I can counter my husband's petition for dissolution of marriage with a response to continue with the decree of legal separation that is currently in place until our child reaches the age of 18. The reason for this is because I receive a spousal annuity from the Railroad Retirement Board for a minor child under the age of 18 and if we become legally divorced the annuity will end. Also I would like to know if I am legally separated can I get my maiden name back or do I have to wait until I am divorced?
1 Answer from Attorneys
Re: Requesting continuation of legal separation as respondent in petition for di
The answer to your question is yes you can reach such
an agreement as regards to the legal separation. You
need to see a lawyer for this type of negotiation. I
am not suggesting you cannot do it; but, I am suggesting
that a lawyer might be able to do it better. If you are
in one of the bigger cities in NM go see an expensive
lawyer. You did not say how old your child is or the
amount of money you are receiving thus I cannot know
from your question how much money you are talking
about; however, I would assume it is a fair amount.
Thus, you are probably talking about a lot of money;
don't be afraid to spend a lot of money to get what you want.
As regards to your name change there are two answers
to your question. First, you can use any name you like
at any time you want without legal papers. Second,the
main goal about name changes is that the law does not
want people to change their name for fraud or to avoid
creditors. Other than that the state of your marriage
(essentially) has nothing to do with whether you change
your name or not. That is, even if you are in a happy
marraige with no prospect of divorce then you can still
change your name. Last, the name change is in section
40-8 of the New Mexico Statutes Annotated (NMSA).
Good Luck.