No Love Left – Is Legal Separation the Way to Go?
There are instances when couples find the need to separate since they no longer find a reason to stay together.
Many couples feel that when they reach the point where they hardly talk to each other, all that they could do is to go their own separate ways. Some people file for divorce while others file for legal separation, which brings you to question if this is the better choice.
What Legal Separation Means
There are couples who file for divorce and deem themselves as “legally separated.” This is a misconception because the legal separation process does not sever the marriage. This means that when the court issues a decree of legal separation, you and your spouse remain married. Hence, you will not be able to remarry.
Can You Still File for Divorce?
Yes. Normally, if you believe that a decree of legal separation will not achieve anything good for you and your spouse, then you can opt for a divorce before the court would make the final entry. What you can do is seek the help of family law attorneys Colorado Springs so that you can modify your petition.
They can secure a “Motion to Modify Petition” for you. This will change your petition into that of a divorce. After this, they can help you file for a “Motion to Convert Decree of Legal Separation to Decree of Dissolution of Marriage.”
No Obligation to Support Each Other
Please take note that once legally separated, you are no longer compelled to support your spouse. You now have a separate existence. Yes, you may not be able to marry another person, but you are not also under any obligation towards your spouse, unless the decree of legal separation says otherwise.
Retention of Inheritance Rights
Another important point to remember when it comes to a legal separation in Colorado is that you can still inherit from your spouse. Since it did not nullify your marriage, you remain an inheritor of your spouse. One exception thereto is if you had a prenuptial agreement, which states that your property rights are separate and distinct from each other. Another exception is if there is a written statement saying you are no longer eligible to inherit from each other.
Whether it is a legal separation or a divorce that you seek, it would always be best to consult your plans with a family law attorney, as they can offer with expert advice and options suited to your needs.