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This is a selection made from among articles on New Mexico Divorce. For a permanent link to this article, or to bookmark it for future reading, click here.

Separation Agreements - Making Your Divorce Easier

from: Jameson Joyce




A separation agreement is a written legal document that memorializes the marital and divorce agreements of a married couple prior to divorce. Separation agreements must be signed and notarized to become effective. A separation agreement must be entered into voluntarily with complete understanding and full disclosures on the part of both parties to be enforceable.


A contested divorce, or a divorce without an agreement, can cost thousands of dollars in attorney fees, court costs and filing fees. By contrast, an uncontested divorce where both parties have resolved their differences by agreement is much less expensive and time consuming. A separation agreement can reduce the cost of a divorce by resolving important martial dissolution issues such as alimony, child custody and visitation, child support and property distribution.


Many people confuse separation agreements with "legal separation". In general, a separation agreement is not a legal separation. A "legal separation" is a term given to the status of the married couple and a "separation agreement" is simply an enforceable contract between husband and wife regarding their agreements about the dissolution of their marriage. Most jurisdictions require a physical separation of the parties to effect a legal separation; however, some states permit married couples to continue to live together during the legal separation period (sometimes called cohabitation).


Some states require nothing more than a physical separation of the parties to begin a legal separation. Other states require the filing of certain documents with court to effectuate a legal separation. Although a separation agreement can be considered to be a legal separation in some instances, the two terms are usually not interchangeable.


There are several advantages to separation agreements. Most states reward couples who have entered into a separation agreement by allowing the couple to be divorced quicker than those couples without separation agreements. A separation agreement almost universally allows a couple to pursue the divorce on an uncontested basis which can be thousands of dollars cheaper than an ugly contested divorce.


Check with a divorce attorney in your state to discuss how separation agreements can make your divorce easier or visit www.directlex.com to view sample separation agreements for download.
About the Author

Jameson Joyce writes for LegalHelpOnline.org the free online legal help resource solution.






 




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New Mexico Divorce Specific links

New Mexico Divorce News

NM man arrested in estranged wife's 1987 death - San Jose Mercury News


NM man arrested in estranged wife's 1987 death
San Jose Mercury News
4, 1987. Police learned Diedre was separated from her then 43-year-old husband and she intended to divorce him. Investigators determined that there was probable cause to arrest Brewington for the murder but he had already fled New Mexico.
Man Captured 25 Years After Wife's DeathKOAT Albuquerque

all 29 news articles »

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The Trecherous Waters of Divorce and Bankruptcy - JD Supra (press release)


The Trecherous Waters of Divorce and Bankruptcy
JD Supra (press release)
Often it is not until the parties begin exchanging income information as part of their divorce action that they realize just how dire their financial situation is. Given that New Mexico is a community property state, each spouse is equally responsible ...

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Scandalous Divorce Lawyers Who Sleep With Their Clients - Huffington Post (blog)


Scandalous Divorce Lawyers Who Sleep With Their Clients
Huffington Post (blog)
Far more common are disaster cases where romance between divorce attorneys and their clients results in calamity for both parties. Consider the case of Raymond van Arnam, a New Mexico divorce attorney who, because of his affection for a client, ...

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'Voices' inspire show's dancers - Alamogordo Daily News


'Voices' inspire show's dancers
Alamogordo Daily News
By Bev Eckman-Onyskow, For the Daily News Dance performers for "In Our Own Voices" include, from bottom left up, Janelle Renea Hernandez; primary choreographer Grace Godby-Ware; Valerie Morris; Valeria Fleming, top; Michael Rodriguez, center, ...

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Heidi Klum and Seal to divorce? - New York Daily News


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Heidi Klum and Seal to divorce?
New York Daily News
By Philip Caulfield / NEW YORK DAILY NEWS It's a kiss-off from a rose for singer Seal and super model Heidi Klum, according to TMZ.com. The uber-married couple — they renewed their vows annually after a May 2005 wedding in Mexico — are going their ...
Is Heidi Klum divorcing Seal because of his hard partying? New claims singer ...Daily Mail
Heidi Klum And Seal Still Wearing Wedding Rings - No Divorce YetCelebrity Dirty Laundry
Heidi Klum and Seal rumoured to be divorcingTelegraph.co.uk
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