If things aren’t going well in your marriage, chances are you have begun to look around trying to discover what exactly your options are. While some people choose to skip straight to divorce, this is not the case for all. In fact, many people become legally separated before they determine what the future of their marriage will be. However, figuring out how to go about this can be the tricky part. After all, legal separation laws vary from state to state. As family law attorneys in Greeley and Loveland, we see many clients who think that just because they have not lived in the same home as their spouse for a while that they are therefore “legally separated”. They figure the state likely is already aware of this, even though absolutely no legal documents have been filed. That is why, in the state of Colorado, a couple must petition the court is they wish to be truly legally separated.
Are there advantages to legal separation?
There are actually several advantages to opting to legally separate from your spouse in Colorado. The first advantage is that it allows couples to lead separate lives intermittently before they decide how to proceed. This is meant to prevent many couples from going through with a divorce, or from going the process of a divorce, only to reconcile shortly after the process is complete.
Additionally, the separation acts as a trial divorce in the way that financial obligations are split and child custody and support agreements are made but the couple still technically remains married. This means that neither party can marry another, nor can the wife reclaim her maiden name. On the other hand, many couples choose the legally separate for different reasons.
One of the most common reasons couples choose to become legally separated rather than divorce is that their spouse will not have health insurance if they divorce. Others cannot divorce because of their religion and therefore, decide to separate instead. However, the most common reason we have found that people want to be legally separated can be accredited to their inability to decide whether or not they really do want to divorce one another and sever ties completely.
What happens after you legally separate?
Once the married couple is officially legally separated, the decision regarding whether or not they should get a divorce often becomes much easier. Not only do the individuals get to discover what their lives will be like without one another, but they also already have everything in place to make a speedy divorce occur should they so choose.
Are you thinking of legal separation?
If you live in the Greeley or Loveland area and you have been considering becoming legally separated from your spouse, contact the Law Offices of Loomis & Greene today. We can tell you if we think legal separation is the right choice for you and how we believe you should proceed. Regardless of what you need, we’re the family law attorneys who will remain on your side no matter what.