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Getting a Legal Separation
by: New Mexico Legal Aid

How do I get a legal separation in New Mexico? Will the separation agreement include child support?

Your and your spouse are not living together. You need to live apart. You are not ready for a divorce because of emotional, legal, religious or moral reasons.

You can ask the court for a Legal Separation.

A legal separation is almost the same as a divorce.

You stay married.

Property problems are not settled.

You do almost the same things you do to get a divorce. You name the document you give to the court, Petition for Legal Separation. You use the same forms you used in the divorce. You need to leave out those papers that mention a divorce. At the beginning you must say, "The parties need to live separately". At the end you ask the court to "Enter an Order permitting the parties to live separately.

The final papers will be a little different, too. You will need to make out an Order for Legal Separation. You will make a Parenting Plan. You will make out a Notice of Withholding. This is for Child Support. If you need to, you will make out a Medical Support Form.

Jurisdiction Tip: The person asking for the legal separation must state that he or she lives in New Mexico, there is no length of time required.

Last Reviewed On: 06/29/04

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