While in both cases the partners will be living apart, being separated is different from being divorced. In a separation, you’re still legally married until when a judge pronounces you divorced. Even if you have a prior judgment of separation from a court, you remain married.
A divorce lawyer from firms in Colorado Springs, such as the Law Office of Gordon N. Shayne, can help you get your divorce and navigate your separation while you wait. The separation will affect issues such as your financial responsibilities to your spouse and vice versa. There are three types of separation, but only one will change your legal status. They include:
You may choose to live apart if you and your spouse desire a break. Meanwhile, you decide whether the next course of action is reconciliation or divorce. However, you’re still bound by the same legal rules while on a trial separation. For instance, money earned from your properties will be considered jointly owned. It’s wise to agree on some of the matters that will come up in an informal agreement before separating.
If you decide that there’s no going back after a trial separation, you are considered on permanent separation. Some states allow a change in property rights, for example, so that assets acquired then belong to the partner who got them. Additionally, you no longer have a financial responsibility to your partner, which means you don’t share their debts or earnings.
You get a legal separation by requesting in a family court. If you’re legally separated, you are neither married nor divorced, and you cannot remarry. The court’s order will dictate child custody, the division of property, and alimony. Legal separation serves well people whose religion does not advocate for divorce. As a thing to note, check what your insurance company dictates on legal separations before you decide what to do on your health benefits.
Separations naturally bring a different dimension to your relationship. It helps to mark the dates in case they become necessary. Better yet if you include legal counsel early enough, it will save you a lot of trouble.