Should You Choose Legal Separation over Divorce?

by 48 Minutes | Friday, Jan 5, 2018 | 176 views

Lawyer and a couple talking about divorceApart from divorce, the Centennial State gives you legal separation to begin again after your unhappy married life. However, this process may not bring the future you envision. Before you consider filing for legal separation, any experienced divorce lawyer in Colorado Springs, CO would advise you about its key implications:

Similar process, different result

If you think the process of legal separation is easier than divorce, you’re completely wrong. It shares practically the same procedures with divorce, involving major issues such as child support, alimony, and division of property. If you’re avoiding divorce to have a stress-free settlement, legal separation won’t necessarily offer the convenience you’re hoping for.

The good news is it’s not a requirement before you can file for divorce. In some states, couples must be legally separated first before they can dissolve their marriage. In legal separation, though, the two of you remain technically married.

Remarriage is unlawful

When the Decree of Legal Separation becomes final after 90 days, neither of you can remarry indefinitely until one of you files for dissolution. Despite this drawback, many choose it over divorce for religious reasons. Some people, like conservative Catholics, frown upon the very idea and act of dissolving a marriage. If you want to convert your legal separation into a divorce, you just have to wait for six months from the day it took effect.

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Some things stay the same

Since legal separation keeps you matrimonially tied, some things won’t change after the process. Any existing insurance and military benefits both parties share will stay the same. The two of you can continue filing tax returns jointly and get rewards.

But then again, you don’t necessarily need to keep shouldering each other’s debt. It’s one of the issues both of you have to talk about during the process.

Legal separation has its own set of advantages and disadvantages, but it makes sense for certain situations. It’s best to speak with an experienced attorney to discuss all of your options to avoid being guided by wrong assumptions.

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