Divorce Versus Legal Separation

When your marriage comes to an end, you probably have a lot of questions. The following are some of the questions we frequently hear. How long will the legal process take? How much will it cost? Can my spouse do this to me?

Some answers depend on your unique situation and must be answered on an individual basis. Colorado is a no-fault state, so it is hard — if not impossible — to fight a divorce or legal separation action.

The knowledgeable Broomfield divorce attorneys at Danielsen Westhoff, PC, represent individuals and families in Broomfield, Jefferson County and across northern Colorado. We take the time to listen to fully understand your situation and goals. Then we develop a plan to help you move forward through this difficult time in your life. Contact us today to schedule a free initial consultation.

Why File For Divorce Over Legal Separation?

Considering divorce versus legal separation? You need to know that the processes are the same and require working through issues such as who sees the children when and how assets and debts are divided.

There are several unique situations when legal separation serves a purpose. One is when you have a religious objection to divorce. The other could be tied to insurance and staying on a health insurance plan before Medicare coverage is available. But both spouses must consent to a legal separation.

In most other cases, divorce is preferable. Here is why:

  • You cannot remarry after a legal separation — at the end of the process you are still legally married to your spouse
  • It is not permanent — six months later either spouse can ask to convert to divorce
  • Most legal separations are later converted to divorce petitions — this just adds time and cost to the process

If reconciliation is still a possibility, we will encourage you to seek appropriate counseling. When counseling will not help, we can guide you efficiently through the legal issues that come with divorce or legal separation.

Set Up A Consultation With A Lawyer

If you are considering legal separation or divorce and want to learn more, call (720) 649-4876​ or send us a message to set up an appointment.