Denver Colorado Divorce Lawyers
Separation FAQs
What's the difference between "separation" and "desertion"?
Separation involves two parties agreeing to part ways (stop cohabitating). Desertion occurs when one party leaves the other and does not intend to return. "Constructive desertion" occurs when, for instance, an abused spouse leaves for his or her protection.
How will separation impact custody of the children?
First of all, understand that there are two different kinds of child custody, or parental decision making – physical custody of the children (who has the kids, when and where) and legal custody (who has the authority to make decisions on behalf of the children regarding their medical care, schooling, and so forth).
A myriad of custody arrangements can be worked out. For instance, during your separation, you and your spouse may agree to joint legal custody of your children, but one of you may get majority physical custody. In other cases – for instance, in an abusive relationship – you may seek sole physical and legal custody to protect the children.
How will the court system resolve debates about custody?
The court is charged to look after the best interests of your children. Ideally, you and your spouse will work out an arrangement and look to the courts only if implacable differences arise. If one of you committed a "bad act," such as infidelity, abuse, or a criminal act, the court may award custody to the other.
When is separation a good idea?
Each relationship has unique dynamics. In general, family law attorneys urge married partners – particularly partners with children – to first try things like counseling, discussing the situation, and finding alternative ways to resolve deep problems in the relationship.
Will separation and divorce harm my children?
Studies suggest that children of divorced parents are more resilient than many people believe. The long-term impact of divorce or separation on children continues to stoke heated debates. But new research suggests that family instability may be more destructive than simple separation. For instance, a parent who gets separated, gets into a new relationship, breaks up with that new person, and then gets into yet another relationship may do more harm to his or her children than does a parent who simply gets divorced or separated. The instability itself – not the divorce or separation – appears to yield the most damaging effects.
How should I plan out my separation to minimize logistical and other problems?
If the separation is relatively amicable, you and your spouse can hopefully work out some arrangements (e.g. financial, taking care of the children, etc.). If you feel like your safety is in jeopardy, you may want to speak with an attorney – or even a law enforcement official. Again, the more you pre-plan the separation, the less taxing the transition will likely be. That said, be prepared for at least short-term instability as you get resettled.
Who can I turn to for solid, credentialed help with my questions about separation?
Browse kaplan-law.com to explore free resources about the topics of separation, mediation, and divorce or to schedule a free consultation with a divorce attorney today.
