Legal separation is a legally recognized status in some states in which the spouses’ act of separating or living apart has legal consequences and changes the spouses’ rights and responsibilities. In some states the legal separation process is supervised by the court, which issues court orders for the parties to follow during their legal separation.

And in some states the spouses may enter into a written separation agreement that defines their rights and responsibilities during the separation period. Some states even require spouses to be separated for some period of time (e.g., one year) before they are able to divorce.

But some states—including Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas—do not recognize legal separation, and the spouses are married, with the same rights and responsibilities, until they are divorced.

Laws regarding legal separation vary from state to state and are usually located in a state’s statutes—often in the family or domestic relations code.

In New Mexico, legal separation is a recognized legal status that can be granted by the court. This status is distinct from divorce and allows spouses to live apart while remaining legally married. The process of legal separation in New Mexico involves the court, which can issue orders regarding division of property, child custody, child support, and spousal support, similar to those in a divorce proceeding. Spouses may also create a separation agreement that outlines their rights and responsibilities during the separation period. This agreement can be submitted to the court for approval and can become part of the legal separation order. New Mexico does not require spouses to be legally separated for any specific period before they can file for divorce. The relevant laws for legal separation in New Mexico can be found in the state's statutes, particularly within the family or domestic relations sections.