The Difference between Legal Separation and Divorce

A divorce is one of the toughest, most devastating experiences one can ever go through, and the complex Colorado family laws make it even more difficult. There’s also the fact that a married couple has to choose between divorce and legal separation.

Many people who seek a divorce often think that it’s the same as legal separation. While they share similarities, they are two separate procedures. It’s important that parties considering divorce seek the legal services of family law attorneys in Colorado Springs.

Where the confusion begins

It’s understandable that people confuse divorce and legal separation since in many cases, the latter serves as a precursor to the final, and more formal divorce process. For this reason, many individuals jump to the conclusion that legally separated couples are already divorced.

When a couple is legally separated

When a married couple files for legal separation, they allow the court access to their financial affairs, as monetary concerns play a huge part in family law. This is true especially when they have children. The court then assumes responsibility in the overseeing of obligations and assignments when it comes to child custody and support.

While a legally separated couple typically lives apart, they are still legally married.

What about divorced couples?

Divorce pertains to the legal process of putting an end to a marriage. For the court to proceed with the litigation, the married couple has to present legal reasons or “grounds for divorce.” In addition to legally ending a marriage, the court also takes a close look at other issues before finalizing the divorce. These often include asset and debt disposition, and if they have children, the court will decide on custody and visitation allocation.

Choosing between these two processes require the involved parties to examine both their short and long term goals. Having a highly experienced family law attorney can significantly minimize the stress that comes with both legal separation and divorce.