Whenever the husband and wife have permanently separated and no longer live or cohabit together as husband and wife, either may institute proceedings in the district court for a division of property, disposition of children or alimony, without asking for or obtaining in the proceedings, a dissolution of marriage.
§ 40-4-3 NMSA 1978
Proceeding for division of property, disposition of children or alimony without the dissolution of marriage
Applied in 1 court decision — leading case Brecheisen v. Mondragon (1987)
Most recently applied in Brecheisen v. Mondragon (November 1987)
Laws 1901, ch. 62, § 23; Code 1915, § 2774; C.S. 1929, § 68-502; 1941 Comp., § 25-702; 1953 Comp., § 22-7-2; Laws 1973, ch. 319, § 3.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.