In cases where a marriage is not successful or is no longer desirable, the couple has one of two options: legally separate or file for divorce. While both options may have their benefits and drawbacks, ensuring the best option is chosen will be vital and will heavily depend on whether the couple will want to continue the marriage at some point or sever all marital ties completely.
If you and your spouse want to undergo a legal separation, ensuring that all legal measures are taken to remain in compliance with state law is gravely important. By communicating with a Greenwood Village separation agreements lawyer, you can rest assured that you and your spouse’s mutual wishes will be adhered to during the time you are legally separated. Discuss marital agreements with the Colorado Lawyer Team.
Difference Between Legal Separation and Divorce
A legal separation is when a married couple chooses to live apart and divide their assets; however, they are still technically lawfully married. The separation agreement is a legal document required for a legal separation, which outlines the particular duties and obligations each spouse will have while they are legally separated. The separation agreement typically includes decisions regarding spousal support, custody, and support of children, as well as how assets and property are to be divided and must be mutually agreed upon by both spouses.
A divorce is when a court of law legally dissolves a marriage, and the couple is no longer lawfully married. A divorce is effective following the court’s issuance of a divorce decree, which effectually terminates the marriage entirely.
One of the most prominent differences between a legal separation and a divorce is the potential for reinstatement of the marriage, which may be done in legal separation cases, but not in cases of divorce. Another significant difference is the ability to remarry, which is provided in cases of divorce but not in cases of legal separation. A knowledgeable separation agreements attorney can help determine which choice may be best depending on the circumstances of a married couple wishing to separate.
