The decision to end a marriage is never easy. It is a time when people are filled with emotions, whether anger or sadness. Sometimes, there is also uncertainty about whether the finality of divorce is the only way for those involved to be happy.
Thankfully, New Mexico offers married couples a few options for dissolving their marriage, some less permanent than divorce. You can speak with an Albuquerque separation agreements lawyer if you want advice or information while deciding which option is right for you. Our marital agreements attorneys are ready to guide you through the process.
For this type of separation, individuals in a marriage simply part ways. They remain married but agree to live separately while deciding whether to divorce or try to work through their issues. It often happens immediately after a problem comes to light, giving each party a chance to cool down. Lawyers and courts are not involved in a trial separation.
Permanent separation occurs when individuals agree that their marriage is over and want to live separate lives, but do not want to involve the court. It is a very informal separation that allows couples to work out their custody and support plans without having a legal obligation to stick to them. If the couple ultimately agrees to stay married, they move back in together, and it becomes as if nothing ever happened. An attorney in Albuquerque could help a separated couple discuss their options and agreement.
Legal separation is much more formal and legally binding. For this, a couple must agree on custody, visitation, support, and other matters. Most of these details will be defined in a separation agreement by an Albuquerque lawyer, which goes before a judge to ensure fairness for all parties involved.
The situation is less than optimal if only one spouse doubts the decision to divorce because a judge often must be involved and sign a court order if the couple resumes having a marital relationship. However, it may be the best option if the couple wants to stay married due to:
When considering legal separation, it is important to understand that the couple may still have decision-making rights over each other, whether financial or medical. They will also not be legally allowed to marry another person.
Divorce is final and terminates marriage and all decision-making rights. Each person is free and able to marry another person if they choose to. It also means benefits like health insurance or social security are no longer available to the other party through marital relationships. This is only suitable for couples who have established that reconciliation is not possible because they must remarry to resume the marriage. Some of the most common reasons for divorce include:
However, divorce is not always the best option for everyone involved. In this case, separation can allow spouses to live outside the married home until they decide whether divorce is ideal.
Our attorneys live here and have seen the challenges that residents and couples face in our area. We want you to know you are not alone in your decision-making process. Even if you choose to go with a separation that does not need our services, we can help you ensure it is your best choice. Sometimes, clarity can only come from discussing underlying issues and knowing your options.
Whether you are newly separated and trying to devise a separation plan or feel the best option is through divorce, we are here for you. Contact our Albuquerque separation agreements lawyer today for a case evaluation and a shoulder to lean on during this emotional time.
