FAQ: Legal Alternatives to Divorce
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Question: |
What is a legal separation? |
Answer: |
Instead of getting a divorce, some people choose to get
a legal separation. With a legal separation, a couple chooses
not to live together as husband and wife, and either one may
ask the court to divide their property and to make a decision
with regard to child support, child custody and spousal support.
Be aware that a legal separation does not constitute a divorce
and, therefore, you and your spouse are not free to marry
another person. Note that, in some districts, if you file
for a legal separation and you later seek a divorce, you must
file a new case for a divorce. Some districts may convert
a separation into a divorce case.
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Question: |
What is an annulment? |
Answer: |
Under very limited circumstances, a judge may declare a
marriage "void." This might happen when relatives
within the prohibited degrees get married or with marriages
"between or with infants under the prohibited ages."
For more information, see Section 40-1-9 of the New Mexico
Statutes and consult with an attorney. You can find the statutes
at http://www.fscll.org/Stat.htm.
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