When couples in Colorado face difficulties, they might consider either divorce or legal separation. But what is legal separation, and how does it differ from divorce? Understanding these two options can help you decide what’s right for your situation.
If you’re considering a legal separation or divorce, the experienced attorneys at Plog & Stein P.C. can help you navigate your options. Call or contact us today to get the guidance you need.
What Does Legal Separation Mean in Colorado?
Legal separation is a formal process that allows a married couple to live apart without ending the marriage. In Colorado, this process involves the court, similar to divorce. However, unlike divorce, legal separation does not terminate the marriage. The couple remains legally married, but they live separate lives. The court will issue orders about issues like property division, child custody, and spousal support, just like in divorce.
Legal separation can be a good option for couples who need time apart to figure out their next steps. It also provides legal protection for both spouses when they live separately. Some couples choose legal separation for personal or religious reasons, while others see it as a trial period before deciding on divorce.
Legal Separation vs. Divorce: What’s the Difference?
You might wonder about the differences between divorce and separation. The biggest difference is that divorce ends the marriage, while legal separation does not. After a divorce, you are free to remarry, but with legal separation, you remain married and cannot remarry unless you get divorced later.
Another key difference between legal separation and divorce is the emotional impact. Divorce is final and permanent. Legal separation allows couples to keep the door open for possible reconciliation. For some, this flexibility can make the separation process feel less overwhelming.
What Does It Mean to Be Legally Separated?
Being legally separated in Colorado means that, although you are still married, your life is separate from your spouse’s in reality and in the eyes of the law. You don’t live together, and your financial and parental responsibilities are divided, just as they would be in a divorce. You may have a court order that outlines who lives where, who pays what bills, and how time with your children is split.
One benefit of legal separation is that it allows you to maintain certain rights. For example, you may still be able to remain on your spouse’s health insurance plan or file joint taxes, which can provide financial benefits.
Deciding Between Legal Separation and Divorce
Choosing between legal separation and divorce depends on your personal situation. If you’re unsure about ending your marriage but need to live apart, legal separation might be the right choice. It gives you time to think and work out your issues without closing the door on the possibility of reconciliation.
However, if you know your marriage is over and you want to move on with your life, divorce might be the better option. Divorce is a more permanent solution, allowing both spouses to start fresh. If you’re ready to remarry or want a clear and final end to your marriage, divorce is the only way to achieve that.
The Legal Process for Separation in Colorado
To get a legal separation in Colorado, you must file a petition with the court. The process is similar to getting a divorce. You’ll need to work out arrangements for property division, custody of children, and financial support. The court will review your separation agreement and issue a decree of legal separation if it approves the agreement.
This process can be straightforward if both spouses agree on the terms. However, if there are disagreements, the process can be more complicated, requiring court intervention to settle disputes.
The Colorado Judicial Branch offers a helpful guide on legal separation and divorce. In addition, having an attorney by your side ensures that your circumstances are fully addressed and your rights are protected.
Make the Right Choice for Your Marriage with Plog & Stein P.C.
Deciding between legal separation and divorce can be one of the toughest decisions you’ll make, especially when unsure of what is best for your future. We hope that this overview of what legal separation is and how it can impact your life will help in this challenging decision.
At Plog & Stein P.C., you can rest assured that with over 70 years of combined experience, we’ve likely handled cases similar to yours before. This experience allows us to offer skilled representation both in and out of the courtroom, ensuring your specific needs and goals are met. We provide competitive retainer rates and flexible hourly services, tailoring our legal strategies to fit your unique situation. For those who don’t need full representation, we also offer advisory sessions.
If you’re curious how legal separation might fit your situation, we are here to help. Our experienced attorneys are ready to guide you through this difficult time and help you make the right decision for yourself and for your family. Don’t delay—contact Plog & Stein P.C. today to take control of your future.
