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Wheat Ridge Divorce Lawyer | The Difference Between Separation and Legal Separation

On Behalf of | Dec 19, 2017 | Legal Separation |


Often, people in Wheat Ridge and Jefferson County think living apart from a spouse means they are legally separated. This, however, is not the case. In order to be legally separated, legal paperwork must be filed with the courts. When married couples choose to not be together anymore, they have two legal pathways to choose from: a legal separation or a divorce.

Legal Separation in Arvada and Mountainview

A legal separation is a way for a couple to separate finances and determine child custody without ending the marriage. Basically, a legal separation is just like a divorce except the spouses cannot get remarried. This is because they are technically still married. A legal separation agreement addresses all the same issues as a divorce: parenting time and responsibilities, spousal maintenance payments (alimony), child support, debt division, and property division.

Why Choose Legal Separation Instead of Divorce in Jefferson County?

There are a number of reasons why a couple may choose a legal separation instead of a Jefferson County divorce. For religious or moral reasons, some couples choose not to divorce, but want to live separate lives. A legal separation helps them accomplish this. Another reason for a legal separation is for benefits like inheritance or insurance. Some couples need to stay married as a condition to receive an inheritance or a disabled spouse needs to stay on their spouse’s health insurance. Finally, a legal separation allows a couple to try and live separately without the permanency of a divorce. It’s a way for them to test out living apart before making any final decisions.

Converting a Legal Separation into a Divorce in Wheat Ridge

Converting a legal separation into a divorce is a relatively easy process because all the terms have already been decided. An experienced Wheat Ridge divorce attorney can file the paperwork with the court to convert the legal separation into a divorce. A judge will sign off on the agreement and the couple will move forward the same way as when they were separated, only now they have the ability to remarry.

If you are looking to get legally separated or divorced, contact the best family law attorneys from the Pearman Law Firm at 720-259-9528 to schedule a phone consultation.