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.
Benefits of a Legal Separation
There may be several benefits for a married couple choosing to legally separate over getting a divorce. Some of the more frequently cited beneficial reasons for a legal separation include, but are not limited to, the following:
- Religious purposes (i.e., avoiding the stigma of divorce)
- Reconciliation of marriage still viable
- Retention of spousal insurance, military, social security, or tax benefits
- Regulated management of assets, property, and finances while separated
A legal separation may also be beneficial for couples who want to maintain specific parameters with respect to their children’s custody and care while separated. A local lawyer with experience in handling legal separations can help with drafting and filing an enforceable separation agreement tailored to the separating couple’s needs.
Consult a Greenwood Village Separation Agreements Lawyer for Help
While there may be turbulent times in a marriage, divorce is not necessarily the sole reconcilable option available. Legally separating may be the best choice for couples wishing to spend some time apart while keeping their marriage intact.
If you or someone you know is seeking a legal separation from a spouse, a separation agreement will be required to do so in accordance with the laws of the state. Reach out today and schedule a consultation with a Greenwood Village separation agreements lawyer to learn what the available options are for you and your spouse.