Legal separation and divorce are legal avenues couples can consider when living apart. While both routes offer formal recognition of a relationship’s change, they have distinct differences that individuals must consider.
Knowing the legal aspects of separation and divorce is important. This will help you determine which option best suits your needs.
Legal separation
With legal separation, you and your spouse can live separately. However, you are still legally married. The court may issue orders regarding property division, spousal support, child custody and other relevant matters like they would in a divorce.
Unlike a divorce, a legal separation does not end the marriage. Neither party can remarry unless they convert the separation into a divorce. Some couples choose this option for religious reasons, insurance benefits or to leave the door open for potential reconciliation.
Divorce
A divorce legally terminates a marriage. Once finalized, both parties are free to remarry. Colorado is a “no-fault” state, meaning neither party must prove wrongdoing to get a divorce. It only requires one party to believe the marriage is “irretrievably broken.”
The court aims for an equitable distribution of marital property, which may not always mean a 50/50 split. Factors like each party’s financial situation, contributions to the marriage and the duration of the marriage can influence decisions.
Separation or divorce?
Deciding between legal separation and divorce is a personal choice that depends on various factors. Couples should consider each option’s emotional, financial and legal implications. Understanding the legal aspects of separation and divorce in Colorado can help you decide what option best suits your situation and needs. While each has its benefits, you must choose what works for you.
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