Should You Go for a Legal Separation Instead of a Divorce?


LegalYou may feel right now that your marriage has become a hopeless one and that it is time to move on. But, as much as you want to dissolve the civil union, there may be valid restrictions, such as your religious and personal beliefs.

When it comes to this matter, you have untied yourself from the relationship temporarily. With the help of an experienced family lawyer Colorado Springs couples recommend, you can decide on a legal separation. This means you still have time to think about getting a permanent dissolution of marriage. Read on to know more.

Understanding Legal Separation

A legal separation is somehow similar to that of a divorce. The only difference is that couples have enough time to work through marital issues before initiating divorce proceedings. This means that one can’t get married yet. The agreements laid down in a divorce process would hold true when it comes to child custody, child support, division of property and obligations, and spousal support.

Since both couples are still legally married, they will continue to indicate on official forms that their status is married and cannot omit the name of their spouse. They still retain the right to inherit from they spouse. Unless proven otherwise, the child born by a married woman may carry the name of the spouse.

Great Things about Legal Separation

Whatever the downsides are in a legal separation, they will outweigh the benefits one may enjoy, which includes the following:

  • Abide with Beliefs. If your religion is strongly against divorce, this is the best solution to live separate lives without dissolving the marriage.
  • Easier to Resume Relation. Unlike a divorce, which has an effect of finality, with legal separation you can always reverse this if you decide to resume the relationship.
  • Financial Benefits. Even when legally separated, a spouse can still enjoy the benefits agreed by both parties. One can still enjoy the finances that go with the healthcare plans, insurance, and even the social security benefits if he remains married for 10 years or more.

If you can overcome your beliefs against divorce, you can amend you application to that of divorce or you may want it later on. Under Colorado laws, you can convert it to a divorce after six months.