Denver Family Law Attorney
Legal separation can be an effective tool for couples who must resolve
marital issues but for whom a divorce is not the right path. When a marriage
begins to fall apart, spouses are often surprised to discover that they
have alternatives to a dissolution of marriage. Pursuing a separation
can allow spouses to resolve issues and disputes while maintaining certain
benefits associated with marriage. At the Moodie Law Firm, we understand
that each family will have a unique story and set of circumstances. Our
Denver family law attorney will take the time to understand your goals
and work with you to create a legal strategy tailored to your situation.
Request an initial consultation with our firm and learn if legal separation is right for your family
Legal Separation and Divorce
Unlike in a divorce, couples who legally separate are still considered
to be married. This means that both spouses retain benefits such as access
to shared health insurance. Many insurance companies will terminate a
spouse’s access to healthcare upon a divorce but because couples
who separate are still legally married, insurance providers will generally
not terminate benefits. Additionally, spouses who are separated are not
eligible to enter into another marriage agreement.
Legal separation is also similar to divorce in that it performs many of
the same functions. Spouses will decide on terms such as child custody,
the division of property, the division of debts, and child support. Spouses
will also begin to live apart if they do not already do so. A court proceeding
will officiate the terms of the separation and agreements are legally
binding. A couple may also choose to pursue a legal separation as a pre-cursor
to divorce to test and examine what terms of a divorce will work. If the
couple chooses, a court can then convert the terms of a separation into
Is Separation Right for My Family?
There are many reasons couples may elect to choose legal separation over
divorce. Couples may choose this option solely to ensure their spouse
has access to needed medical care. In other cases, religious beliefs may
prevent a couple from legally divorcing. Many times, a couple is simply
not sure if divorce is the right path. However, in order to pursue a legal
separation, couples must agree on all terms. When couples cannot resolve
disputes out of court or one spouse wants a divorce, a legal separation
may not be possible. In Colorado, a spouse is not obligated to stay in
a marriage based on the wishes of their partner. If one party wants a
Divorce, it may be the only option.
Compassionate Family Law Advocacy
If you are considering legal separation, our Denver family law attorney
can help you to understand your options so that you can make the most
informed choice for your family. At the Moodie Law Firm, we understand
the emotional and legal hardship associated with family law issues and
when you work with our firm, you will never be just a case number. Our
lead attorney can meet with you to discuss your legal options and can
work tirelessly to see that your family’s interests are protected.
Call (303) 578-3940 and talk to an attorney about your case today.