Whether you’re considering a legal separation or a divorce, it’s a sad and often stressful time for couples and families alike. Both can have a slew of legal and marital effects, but each is different for a variety of reasons. Before you choose either of these options, make sure you consult a divorce attorney in Colorado.
These law professionals can help you understand the implications of both options, access the pros and cons depending on your situation, and make legal recommendations that maximize the benefits for both parties involved. In this blog, we’ll break down the differences between a legal separation and a divorce, as well as when each option makes the most sense for a couple. In short, it comes down to the possible reconciliation of the two parties, but it is more complicated than that.
Keep reading for the full scope of why these two separation methods exist and how they differ from one another.
What is a Legal Separation?
Where some couples might choose for an informal separation, meaning they would simply take some time away from one another to reflect on their situation, others opt for the legal separation route. In this model, the separation is approved by courts, and couples generally can reach a settlement they can submit for approval. However, in some cases, the parties cannot agree, which leads to a disbursement of assets, debts, custody, child support arrangements, and more.
But in this model, the marriage is still technically intact, even if it is broken.
What is a Divorce?
A divorce is the complete dismantling of an existing marriage. In this model, couples would need to remarry to get their marriage back to where it was before they separated. This is a legal process where couples can have either an amicable or hostile divorce.
An amicable divorce is much easier to settle and makes splitting assets, debts, custody, and other arrangements much easier and less stressful. However, this isn’t always possible. In hostile divorce situations, the courts will need to step in to help determine which party can receive what in the process. This process is generally longer and more expensive.
Reasons to Consider a Legal Separation
There are many reasons to consider a legal separation as opposed to a divorce. The main reason is legal separations are easier to reverse than divorces, which demand a formal remarriage for legal observation. Other reasons to consider a legal separation over a divorce include:
- Time for the couple to determine if the two parties are irreparably separated
- Easily be revoked in court if the couple reconciles
- It’s less expensive than a divorce usually
- You can legally date others
- You can retain your spouse’s healthcare or other benefits in separation
- You can separate assets easier and take more time to determine important things like child custody before pulling the trigger on a divorce
Reasons to Consider a Divorce
Generally, a divorce is the only option if the relationship has no chance of being saved. If you don’t have children or shared assets, a divorce is easier to go for originally instead of taking time through separation to determine if a divorce is warranted. Reasons to consider divorce over legal separation include:
- If the relationship can’t be reconciled
- Total freedom for both parties
- If one party no longer wishes to share custody, benefits, or assets
- If one party is no longer around or able to contribute to the marriage or custody
How to File For a Legal Separation
According to Dartmouth, to get a legal separation you must file a petition in your Superior or Family Division Court. However, you can choose to physically separate on your own before making it a legal matter that courts get involved in.
You can speak with your family law attorney about whether this is a smart move for both parties. When in doubt, you can always separate yourselves on your own and see if that works for the time being. Be wary of entering a legal situation if you don’t need to. In some cases, this can be as expensive as a divorce, and you may decide you want to get back together anyway.
How to File For Divorce
The first step to filing for divorce is having an extensive talk with your attorney about why you want to get a divorce, your goals in the process, and if the divorce is amicable or hostile. This will determine their legal advice and your next steps.
If divorce is the method you want to approach, one party must file for a divorce petition. You can then ask for temporary court orders for things like custody and other arrangements while you wait for the process to play out. Then, you must file proof of service and paperwork to your spouse. This means proof that you told the other party of your divorce plans. You can then negotiate a settlement, or go to trial if one can’t be reached.
When to Get An Attorney Involved
Before you decide on a legal separation or divorce, it’s important to receive legal advice from a trusted divorce lawyer in your area. They can be in your corner and provide advice about how to proceed, which path is the most prudent for your situation, and can even help negotiate settlements early on that could save you trouble in the long run.
However, you can simply separate yourself until you both decide how you want to proceed. Until you determine you want to take the legal route, hold off on getting an attorney involved. But don’t enter into any legal steps until you have an experienced lawyer in your corner.
Conclusion
The main difference between a legal separation and a divorce is that the marriage is still intact with a legal separation, but not in a divorce. There are various pros and cons to taking each route, but both are expensive and stressful.
If you think the marriage can be saved, don’t file for divorce yet, but consider a separation or legal separation. If not, divorce might be the only option. Certain states require a legal separation period before you can even divorce.
Each couple’s situation will be different, but it’s important to talk to a legal professional before taking any steps forward in your legal separation or divorce process.