In some cases, the ending of a marriage through a divorce may not be the best option for you and your spouse. A legal separation may be a more viable alternative for your circumstances. Some of the most common reasons spouses opt for a legal separation instead of a divorce include:
Personal or religious beliefs disapproving of formal divorce
Retention of healthcare benefits
Unique financial circumstances
Possibility of reconciling the relationship at a future date
Filing for a legal separation differs from divorce in that it does not formally terminate your marriage. Both partners are still considered spouses in the eyes of the law and may not remarry until they're officially divorced, but they now bear the benefit of being financially independent of each other. It should be noted that once a decree of legal separation enters, either party can convert it to a divorce after the passing of 6 months. However, from a procedural standpoint, this option requires much of the same work as a divorce. All relevant matters must be addressed and properly resolved before a separation is finalized. This potentially includes matters of custody, support, spousal maintenance, and property division. There may be other benefits or drawbacks associated with choosing one route over the other. In these circumstances, our knowledgeable divorce attorneys in Denver can help provide valuable insight into both proceedings. We care about your needs and, after evaluating your case, we make sure to recommend the best path for you to establish your independence. Our goal is to make the dissolution process run as smoothly as possible – and if that includes opting for a legal separation instead of a formal dissolution, we will explore that option for you with no hesitation.