Legal Question in Family Law in New Mexico
What is the status of a person that is still married but not living in the same residence
1 Answer from Attorneys
In NM that person's status is married. There are lots of people who are married and not living in the same residence for a variety of reasons. But, unless the married people perform the steps in the statute for separation. As the web page says for the New Mexico Bar Association - What is the difference between a divorce and a legal separation?
All of the issues are resolved in a divorce such as custody, child support, spousal support, and property allocation are also resolved in a legal separation. A legal separation, however, does not free you or your spouse to marry another person. A lawyer should advise you as to when a legal separation or divorce is appropriate.
Hope this helps.
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