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Should I file for a Legal Separation or a Divorce?

In order to answer this question you need to know the difference between the two filings. The Legal Separation is identical to the Divorce (Dissolution of Marriage) as far as the distribution of property, support, and child custody but the final decree is not a divorce. When you receive the Decree of Legal Separation, you have a 6 month waiting period until you can have it converted to a Dissolution of Marriage.

Why would you choose a Legal Separation over a Dissolution of Marriage. There are a few valid reasons:

  1. If you obtain a Legal Separation, you can continue to remain on your spouse's medical insurance. If you are receiving treatment and the spouse has good insurance, you would benefit from this alternative.
  2. You might be interested in exploring reconciliation and entering into counseling. This might be a last ditch effort to save the marriage.
  3. Your religion (Catholic) may not approve of the divorce.
  4. You may file for Legal Separation to give a message that you have not given up on the marriage but need the protection of the court as to children, support, and debts.

We file a large number of Legal Separations each year for the above stated reasons. You still have the benefit of total division of all assets and a completed parenting plan but with the door partially open to saving the marriage. Call our firm now to get in touch with a skilled Denver divorce lawyer.

Sturniolo & Associates - Denver Divorce Attorney
Located at 5353 W Dartmouth Ave #202 Denver, CO 80227. View Map
Phone: (303) 732-5010 | Local Phone: (303) 831-4400.
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