Legal Help For Spouses Who Wish To Legally Separate

Many couples in Denver and throughout the surrounding area encounter a similar issue: Although a couple may want to separate and live their lives separate and apart, they might not want to obtain a divorce for financial or religious reasons. A legal separation gives the couple the desired distance from each other without a divorce. However, a legal separation has many of the aspects of a divorce as the grounds for a legal separation are the same as for a divorce.

If a couple decides to enter into a legal separation, the agreement must address the same issues as a divorce such as the division of assets, division of debts, child support, allocation of parental responsibilities and maintenance (alimony).

Prior to a Divorce, Both Parties Must Agree to a Legal Separation of Six Months

A legal separation can be converted into a divorce by either one of the spouses at any time after six months from the date the court issues a Decree of Legal Separation. While the spouses are legally separated, marriage to another person is precluded. Once the court issues a Decree of Dissolution of Marriage, the legal separation terminates and the parties are divorced even if they both do not agree to the divorce.

Common Reasons for a Legal Separation

A legal separation is often preferred to a divorce because of religious requirements. Another reason for a legal separation is to permit one spouse to remain on the health insurance plan of the other spouse. With the high costs of COBRA insurance policies, staying on a spouse's health insurance policy can be a significant financial decision. Additionally, some couples want to divide their marital estate and determine child custody while they are still on friendly terms and still give the marriage a trial separation stopping short of a divorce.

Contact Our Denver and Boulder Attorneys for Legal Separation Issues

At Frost & Beck, PC, our legal separation attorneys will educate you regarding the differences between a divorce and a legal separation. If this is the right option for you and your spouse, we will guide you through the process and assure that your legal rights are preserved.

Contact a lawyer today to learn how we can help.