Couples may also have a trial separation, but it has no real legal effect and is only considered in terms of time in the couple`s marriage. Any property or debt acquired during a trial separation is always considered acquired during the marriage and therefore likely to be marital property. Legal separation is a formal legal procedure that recognizes the specific status of the couple as “legal separation”. To take advantage of this process, the couple wants to separate but remain legally married to protect important religious, financial, social or legal interests. Legal separation gives rise to a court order describing the legal rights and obligations of each spouse with respect to his or her property and debts, the education of his or her children and child support. In divorce proceedings and legal separation proceedings, the court decides the following: Many couples choose to separate without a court order because this is easier and avoids costly court proceedings. The growing trend towards informal separations and divorces through no fault of oneself makes the formal process of legal separation increasingly rare. At present, the only problem facing the court is usually the termination of the marriage and the issuance of the divorce decree, since the case of legal separation has decided all the other issues (ownership and division of the debt, parental regime and family allowances). There are significant differences between separation and divorce. The most fundamental and obvious difference is that you remain married during an undefeated separation, and a divorce dissolves your marriage. Other differences include: A legal separation is a court-ordered agreement in which a married couple lives separately and leads separate lives. Legal separation is a popular alternative to divorce if the parties are unsure of the state of their marriage, but want to set financial limits and responsibilities such as separation of property, custody of loved ones, and family allowances. However, for those seeking divorce, legal separation may be required before a judge grants the divorce.
The other spouse would file a response to the complaint and indicate what should happen in the case: if both spouses agree to legal separation because they want to remain married, as well as any other matter (division of property and debts, child-rearing plan), they can file one of these undisputed complaints (choose this one, depending on whether there are children or not): Despite the pain of separation, legal separation sometimes makes sense if a divorce doesn`t. For example, legal separation may be temporary, while divorce is permanent. Some couples legally separate when trial separations don`t work. This could be the last attempt to save their marriage. Note that the conversion process itself is quick, easy and cheap – it does NOT involve reopening the entire file unless the parties have agreed in the separation agreement to reconsider maintenance or any other financial issues in the conversion (which would be unusual). Instead, the lawyer files an application for conversion, and the other party can hardly resist the conversion, and about 4 weeks later, the judge will issue an order formally ending the marriage. If Colorado spouses are looking for a legal separation and think it might be easier than divorce, they will be disappointed. Legal separation has the same procedures as divorce, that is, there are no shortcuts, either procedurally or financially.
But in the end, the spouses do not have the purpose of dissolution and they have a hybrid status where they are treated as married for some purposes, but divorced for others. In addition, legal separation is often more cost-effective than divorce, and many parents find that their children are better able to adjust to divorce if they legally separate first. For some, reaching their 10th birthday is a monumental event, but it`s also an important milestone when future benefits are compromised. When you decide to separate, legal separation can preserve entitlements to benefits. For example, military spouses must remain married for a decade to take advantage of the Protection of Former Uniformed Service Spouses Act. If the court has made a final order on the division of assets and debts in the legal separation, it is very difficult to change the outcome of the final decisions on ownership and debt. Once the court order divides and distributes the property and debts to a particular person, that person can take steps that are very difficult or impossible to reverse. For example, if the court grants a spouse the house from the marriage, he or she can sell the house. At this point, it would be impossible to get the house back if the other spouse thinks something else should have happened to the house. In addition, the court could order a spouse to receive a sum of money from the marriage.
The beneficiary spouse may spend this money and not be able to get it back. This lack of purpose complicates things when the couple later reconciles. In a divorce, it`s simple – if the couple later decides to remarry (I`ve seen it!), there would be a specific date for the second marriage that would define their rights and obligations if that remarriage ended in dissolution. But what happens to legal separation? When does the property acquired by the spouses become matrimonial? Would the legally separated spouse still retain what was granted in the original decree? Even if these assets were titled jointly? You can`t reverse a legal separation, and since you`re already married, you`re not technically remarrying. But for the sake of clarity, you should at least consider renewing your vows or even talking to a lawyer about a post-marital contract. Although the reasons for applying for legal separation vary, there are a few common ones worth mentioning. Some religions prohibit married couples from divorcing; Legal separation confers most of the benefits of divorce without compromising religious principles. Even those who are unsure of their marital future can opt for legal separation in the hope of reconciliation. Couples with minor children often cite that legal separation is more ideal for their children than divorce. Although parents act as a separate unit, the family can stay together and, for the most part, maintain stability and order. Other reasons for opting for this agreement are the maintenance of health and pension benefits.
Created by FindLaw`s team of legal writers and writers | Last updated March 15, 2019 Sometimes the legal separation case temporarily decides on ownership and debt or custody issues and has not issued final orders so that they can be changed later. You can ask for what you want in the application to convert legal separation into divorce, SHC 1336. So what is a legal separation? What is the purpose of one? Spouses are still technically married for certain purposes, such as. B certain health schemes (in particular the State or the army), for insurance and military benefits. And for spouses whose religious views disapprove of formal divorce, legal separation offers a viable alternative that allows them to live a separate life with a binding court order. Colorado is somewhat unique in that it offers legal separation as an alternative to dissolution of marriage. A decree on legal separation deals with all outstanding issues of the parties as in a divorce, such as parenthood, division of matrimonial property and debts, alimony and maintenance. Some people mistakenly think of legal separation, as a stepping stone in a divorce process – this is not the case, it is an end in itself and puts the parties in an unusual state that can last for years.
If a spouse wishes to divorce, the court will grant a divorce instead of a legal separation and the marriage will be terminated. What needs to be filed depends on whether the court has already granted legal separation. An informal separation has no legal process and does not result in a court order based on the couple`s separation status. When one of the spouses files for divorce, the court wants information about the date of separation, which can be important for dividing matrimonial property and debts and determining when child benefits should begin. Each spouse is legally liable for his or her debt after the date of separation. Once a couple decides to separate forever, they have a permanent separation. It is unlikely that this permanent separation will have any legal effect compared to a legal separation where one of the spouses has filed separation documents in court. Most States consider all assets and debts acquired after permanent separation to be the separate property of that acquiring spouse. Once legal separation has been pronounced, either party may convert it into a dissolution decree after six months, usually under the same conditions as legal separation. .
