Legal Separation

Legal Separation

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 a divorce.

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.

Call Us Today For Your Consultation!