Legal separation is one of the processes to officially part ways with your spouse in Colorado — along with divorce and declaration of invalidity. Although this court action is a household name like its other counterparts, many are still confused about what it really is and how it is different from others.
Unless you studied law or have been through this process before, you probably have a lot of misconceptions about legal separation. Before you consider filing, it is better to get your facts straight first.
Being Legally Separated is a Special Status
Any divorce attorney in Denver, Colorado would tell you that legal separation is not a special status the state law gives you, as you and your spouse live apart while your divorce is pending.
Divorce and legal separation, though similar in many ways, are two completely different legal processes. The former refers to the dissolution of marriage, while the latter plainly refers to separation.
Remarrying is Allowed Afterwards
Many married couples don’t realize that filing for legal separation prevents both parties to remarry. The spirit behind it is that couples pursuing legal separation technically stay married while being free to live separately.
Most people that prefer this option are those with religious reservations with divorce. If you are uncomfortable with the idea of ending your marriage, despite your unwillingness to live with the other party, then legal separation is the route you should take.
Moreover, the term legal separation is less imposing than divorce, thus making splitting up less emotionally stressful.
Legal Separation Is Final
No. You can always convert your legal separation to a divorce. You only need to give notice to the other party your intent to dissolve the marriage in no less than six months following the court’s decision. Filing a Motion to Modify Petition is enough to change your legal separation to divorce.
Legal separation is a welcome alternative to those who frown upon divorce. But while the state aims to simplify the process in every way possible, make sure to finalize your arrangements with your spouse amicably to make your separation less painful and convenient.