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My Blog

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Divorce vs. Legal Separation

Posted on October 29, 2013 at 12:20 PM
Recently a new client approached me about the differences between a divorce and legal separation. Often times legal separation can be an effective mechanism for people who are experiencing some very unique circumstances.
 
Despite what one might glean from the internet or television, in New Mexico legal separation and divorce are very similar. The basic underlying difference is that in cases of legal separation, the parties are unable to remarry. In other words, legal separation divides property, assets, debts, etc. and it also carries with it custody and child support ramifications. However it does not end the romantic relationship legally as a divorce does.
 
Courts see legal separation as basically a quasi-divorce without the name change. Legal separation is a divorce without the termination of the actual marital relationship.
 
Sometimes people choose to separate legally for religious purposes, insurance, tax, and other purposes. If you are considering a legal separation in lieu of a divorce, please consult an attorney before filing anything.

Categories: divorce, family law, legal separation

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Just as every marriage is unique, so is the break-up of every marriage. A couple can arrive at the decision to divorce from a myriad of directions. One very common way is when one spouse commits adultery. Adultery is a sophisticated way of saying “cheating,” and in the world of divorce is a common reason why couples head to court to dissolve their marriage
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Hello, I am always read legal issues relates blogs. You explain every point about the difference between divorce and legal separation very clearly. I am also an Attorney and explain clients the difference between the divorce and legal separation so that they can choose the right option. Thanks for adding some more information in it.
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