Divorce vs. Legal Separation
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Divorce vs. Legal Separation

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.

15 Comments to Divorce vs. Legal Separation:

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www.odbierzbonus.com on Saturday, March 08, 2014 5:25 PM
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Alienation of affection lawyer nc on Friday, May 09, 2014 6:51 PM
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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Jackson on Saturday, June 14, 2014 3:30 AM
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However it does not end the romantic relationship legally as a divorce does.
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Eric Jones on Wednesday, January 25, 2017 3:08 AM
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Anonymous on Monday, October 16, 2017 8:18 AM
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help assignment on Monday, October 16, 2017 8:19 AM
The domestic law handles all the domestic situations which occur between two spouses. The divorce is the one of the big issue. The legal separation and divorce are quite is held due to the procedure of the law suits. The division of the property and the kids are the little issues which are connected with the divorce application.
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Lie Detector on Thursday, May 03, 2018 9:28 AM
There is no reason to stay bind with an unfaithful life partner. Infidelity is one of the strong reasons for divorce, and it can be proven easily with the help of Lie Detector, the detective services based in London.
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Ageeclymer Workmans Comp Lawyer on Friday, September 07, 2018 12:23 AM
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Abbie Obenour on Monday, October 29, 2018 3:29 AM
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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loegmrntdherid1 on Sunday, November 11, 2018 11:16 PM
Thanks for posting this informative article
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