WHAT’S THE DIFFERENCE? LEGAL SEPARATION VS. DIVORCE
You may have heard the phrase “legal separation” thrown about in movies or in every day conversation. Couples often refer to themselves as “separated” prior to a divorce, and some states even require a formal separation before a couple can get a divorce. In Colorado, however, Legal Separation is a legal designation much like divorce.
To request a legal separation, you will go through the exact same process as a divorce. You or your spouse begin with filing a Petition, serving the other party and then filing financial disclosures. After those steps, you will either come to an agreement privately or through mediation, or you will have a hearing to have the Court decide. At the end, you will have either a Decree of Legal Separation, or a Decree of Divorce. There is no difference in the procedure of a Legal Separation and a Divorce. A Decree of Legal Separation affords you all the same protections and divisions as a Decree of Dissolution of Marriage (divorce).
So What’s the Difference?
The difference is that a Legal Separation can be undone with a joint filing to the Court. Should a couple reconcile, you would simply file notice with the Court that you wanted your Decree of Legal Separation to be dismissed. Then you are no longer Legally Separated. If you had a Decree of Dissolution of Marriage, you cannot dismiss it. Should a couple reconcile, they would need to legally remarry.
Another difference is that in a Legal Separation you can ultimately ask the Court to divorce you with no additional steps after six months. The other party would not need to agree to the divorce, and you would not need to appear in Court. Getting a divorce after a Legal Separation is simply a matter of paperwork.
Why Would I Want a Legal Separation?
The most common reason for a Legal Separation is religious reasons. A couple may not believe in divorce, but they still want to legally separate their assets and have protections for the children.
Another reason is that one party is not ready, so the requesting party gives the resisting party time to acclimate to the end of the relationship via a Legal Separation.
It used to be that couples remained legally married but got a divorce so that one spouse could still participate in the other spouse’s health insurance. However, insurance companies have caught on and many do not allow a legally separated spouse to be covered so check your specific insurance before you explore this option.
If you have questions about the Legal Separation process, or want to discuss more of the differences between a Legal Separation and a Divorce, schedule your free consultation with an attorney today!