
In Colorado, a couple who no longer wants to live together has two options: divorce and legal separation. Many people use these two terms interchangeably, but they are not the same.
Divorce is more common and it is known as the only way to end a marriage. A legal separation allows you and your spouse to separate and split property and decide on child custody as if you were divorced. However, you are still legally married, even though you no longer live together in the marital home.
So why would couples choose a legal separation over a divorce? A legal separation allows you some space. Maybe you are not 100% sure if you want a divorce. With a separation, you can determine if absence makes the heart grow fonder or if you should move forward with a divorce.
Most people, however, are not looking for a reconciliation. They want a way to end their marriage as quickly as possible, and divorce offers this.
There are no hard and fast rules as to what option you should choose. Choosing between legal separation and divorce depends on your specific circumstances. What are your finances like? What are your personal beliefs (for example, is religion a factor)? Many people do not want the stigma of a divorce. Does that apply to you? What are your long-term goals?
Should you choose legal separation or divorce? Here is a look at the pros and cons of each.
Legal Separation
Is legal separation the right option for you? Here are some advantages to consider:
- Preservation of marriage. Legal separation allows couples to live apart and manage their financial and personal affairs separately while still remaining legally married.
- Health insurance. One spouse may continue to receive health insurance benefits from the other spouse’s employer, which is typically not possible after a divorce.
- Financial benefits. There may be certain financial advantages, such as filing joint tax returns or retaining spousal benefits under Social Security, which can be maintained during legal separation.
- Religious beliefs. Some couples choose legal separation due to religious beliefs that prohibit or discourage divorce.
- Potential for reconciliation. Legal separation allows for a period of separation that can sometimes lead to reconciliation. It is a good option for a couple that is not sure if they want the permanency of a divorce.
There are some downsides to consider, though:
- Lack of closure. Legal separation does not end the marriage, which may not provide the closure one or both parties desire. The couple is still legally married and cannot remarry until they divorce.
- Legal and financial obligations. Couples remain legally married, meaning they may still be responsible for each other’s debts and financial obligations.
- Costly. The process of legal separation can be as costly and time-consuming as a divorce. The legal procedures and paperwork are similar.
- Potential for complications. If the couple later decides to divorce, they will need to go through a separate legal process, which can be cumbersome.
Divorce
Most people choose to divorce rather than go through a legal separation. Here are some reasons why:
- Closure. Divorce legally ends the marriage, allowing both parties to move on with their lives independently.
- Remarriage: Divorce allows both parties to remarry if they choose to do so.
- Clear division of assets. Divorce provides a clear legal framework for the division of assets and debts.
- Independence. Each party is no longer legally or financially responsible for the other.
There are some cons to choosing divorce, such as:
- Cost and complexity. Divorce can be expensive and complicated, especially if there are disputes over assets, custody, or support.
- Emotional strain. The process of divorce can be emotionally taxing for both parties.
- Permanency. Once you divorce, it is permanent until you remarry. Some couples rekindle their romance and remarry.
- Loss of benefits. Divorce typically results in the loss of spousal benefits, such as health insurance and certain Social Security benefits.
- Impact on children. Divorce can be emotionally challenging for children. Many children act out and have behavioral problems due to their parents splitting up. Some do poorly in school, while others abuse drugs or alcohol.
Contact Us Today
When you turn to Tanis McGonegal Family Law, P.C., you will speak directly with a knowledgeable family law attorney who understands the emotional and legal complexities of divorce. We offer a 20-minute consultation at no charge to discuss the basic aspects of your case and explain how our legal services can help you.
Contact us now to get started.