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Legal Separation vs. Divorce

Legal Separation in Colorado Springs

A legal separation is a court ordered lawful arrangement in which a couple remains married but lives separately. In Colorado Springs, Colorado, a legal separation is no less stressful or lengthy than a full-on divorce. Couples filing for a legal separation will go through all of the same processes that a divorce case would have them go through. The downside (or upside, depending on how you look at it) is that they are still legally married by the end of it. A legal separation is really only beneficial in the event that both parties want to share health care plans and insurance policies, military benefits and the like. A common reason for legal separation rather than divorce, is that a couple may be a part of a religion that does not allow or think highly of divorce.

Even though sharing healthcare is allowed with a legal separation, they will still go through the process of dividing up assets and property. A legal separation will also take care of any maintenance, or alimony, due, as well as child support or debts owed. Legal separation does not mean that the couple must or is required to share healthcare, it is simply legally allowed. It is ultimately up to both partners on what they continue to involve each other in moving forward.

Sometimes, people may use a legal separation as testing grounds for divorce. They may use the time to regain possession of their assets, earned income and property before deciding they want a full-on divorce or not. If they do decide they want a divorce, they must wait six months after the completion of a legal separation to motion for a divorce. Until then, they are still legally married. This means, of course, that neither party may remarry until they are legally divorced.

Once a legal separation is served, Colorado law provides an Automatic Temporary Injunction provision, which allows both parties to be covered and protected right away. The provision protects both parties of the following, four main things:
  1. The disposing or selling of shared property or funds without consent
  2. Disturbing the peace
  3. Cancelling or nonpayment of any healthcare or insurance premiums without 14 days of notice
  4. Taking any minor children out of the state without consent

The Guidance of An Experienced Family Lawyer

If you think a legal separation is for you and your partner, contact Kinnaird Law to help you get started on your case. Offering years of experience and professional service, our top-notch attorneys will help serve you best in court, resulting in the best possible outcome.

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