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


Asked on 12/02/11, 9:29 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

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.

Good Luck

Law Guru

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Answered on 12/02/11, 9:00 pm


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