Legal Separation Versus Divorce in Colorado
In Colorado, legal separation and divorce are two separate legal processes that allow couples to change the legal structure of their marriage. Each option has advantages and disadvantages, and we recommend that each party understand those aspects before deciding how to proceed.
Whether you’re facing irreconcilable differences, financial issues, or other challenges in your marriage, legal separation or divorce may be the answer. We recommend working with a skilled family law attorney to explore your legal options and determine the best path forward.
What Is the Difference Between a Separation and Divorce?
The main difference between legal separation and divorce in Colorado is that a legal separation does not end the marriage, while a divorce legally ends the marriage. With a legal separation, the couple remains married in the eyes of the law but live separate lives. Couples who choose legal separation may still have financial and other obligations to their spouse.
What Are the Benefits of Legal Separation Versus Divorce?
The primary benefit of legal separation is that it allows couples to remain legally married while living apart. Legal separation can work well for couples who do not want to divorce for religious or other reasons.
What Are the Downsides of Legal Separation Versus Divorce?
The primary downside of legal separation is that it does not legally end the marriage. Couples who choose this option remain married on paper but not in practice, which can cause more legal processes if they decide to pursue a dissolution of marriage later. Additionally, couples who choose to separate legally may still be required to pay spousal or child support, regardless of their living arrangements. And finally, couples with a legal separation cannot marry another person.
What Is the Process for Legal Separation Versus Divorce?
The legal separation and divorce processes in Colorado are similar but still distinct. In both cases, couples must file a petition with the court that includes detailed information about their marriage, children, and current circumstances. The documents must then be served on the other spouse, who can accept or contest the petition. If there are no contested issues, the court can issue a legal separation or divorce decree including allocating the parties’ assets and debts, issuing a parenting plan for the parties’ children, ordering child support, and possibly awarding spousal maintenance. If there are contested issues, the court will schedule an evidentiary hearing to resolve these issues.
Work with a Trusted Family Law Attorney
The decision between legal separation and divorce should not be taken lightly, as it has far-reaching implications for couples and their families. Additionally, couples looking to remarry may want to consider a divorce rather than a legal separation.
When facing difficult decisions about the future of your marriage, it is essential to work with an experienced family law attorney who can help you understand and weigh your options. The team at Philip Goldberg PC, can help you make an informed decision that is best for all parties involved.
Contact Philip Goldberg PC to schedule a consultation.
