Denver, Colorado Divorce Lawyers
Divorce versus Separation
In essence, divorce is a legally binding way to end the marriage – it is validated by the court.
A separation, on the other hand, is not legally binding. Separation can often be a first step towards divorce, but it need not involve any kind of legal intervention.
During divorce, the couple must settle a variety of issues, including custody and support for dependents (as well as visitation rights); spousal support; division of personal property and assets and real estate; division of debts and obligations; and more. And in divorce, you also have to establish the "grounds" (official reason) for the split. A divorce lawyer can advise you if you want a restraining order or order of protection from your ex-spouse. The factors that go into the distribution of assets and child support arrangements can get quite complicated and difficult to "hash out." These include whether one of you was "at fault" for the divorce (e.g. cheated on the other, stole money, abused the other, etc); whether children are involved; whether you live in a "community property" or "equitable distribution" state; how many assets you have and in what form; whether you and your spouse signed a prenuptial agreement before you got married; what your current standard of living is; whether you or your spouse will need to get "retrained" to reenter the workforce; and more. These things all need to be worked out during the divorce.
But if you get a simple separation in Colorado, you can avoid having to negotiate and deal with things like asset and property distribution, for the time being. A separation will allow the two of you to disentangle your finances, work out child sharing arrangements, and even potentially reconcile and get back together. It's a less final and formal split, and it leaves more options on the table. The duration of your separation can influence your ultimate divorce arrangement. And a transition to full divorce from separation can potentially require you to go through significant mediation and maybe even a trial.
Consulting a Denver Divorce Lawyer
If you are wondering whether to get a divorce or separation from your spouse; or if you would like more help dealing with the legal logistics, contact the Colorado family law attorneys at Kaplan Law. Schedule a consultation to get the compassionate, experienced, and credentialed advice you need to make the best decisions possible for you and your children.
