Q: What are the benefits to being legally separated vs. divorced?

A: Some people aren’t sure that they want to be divorced, but want to resolve all financial and custody issues. A legal separation would establish those legal rights and obligations without being legally divorced. Some people really do want to be divorced but can’t because of religious reasons or the necessity of retaining health insurance coverage.

Q: If I file for legal separation and change my mind, can I drop it or convert it to a divorce?

A: Yes, to both questions.

Q: If I get legally separated, then later decide to turn it into a divorce, do we need to relitigate all of the property, financial and custody issues?

A: No, the separation agreement which would be in place as a result of the legal separation, will be the same agreement which governs in the event of a divorce.

Q: What does legale separation mean?

A: Legal Separation is when a court issues an actual document called a Separation Agreement which divides all assets, debts, awards maintenance if appropriate, and deals with any custody, child support visitation issues. A Legal Separation resolves all financial and legal issues between the parties, but in the end you are still married.

Q: If she left and moved out, how long do I have to give her access to the house. Uncontested divorce is filed already.

A: There is no set time period unless stipulated or ordered by the court.

Q: what happens if I don't sign the divorce papers? can I put this off for a time?

A: If you don't sign the divorce papers, your wife would have to set the matter for a hearing.

Q: Can I file for legal separation although I remain living with my wife due to financial contraints?

A: Yes, absolutely. You can file for legal separaton or divorce even though you are still living together. In fact, you can obtain a decree of legal separation or divorce and continue to live together if you so choose.

Q: my husband and i mutually separated 10 months ago. we wish to file for an uncontested divorce asap! due to a lack of funds we did not seek legal advice; can we proceed with divorce with out being legally sparated? we have been living separate lives for 5 years now and tried co-habitating for financial reasons. we both wish to move on and proceed with divorce so that we can persue other avenues.

A: Absolutely. There is no requirement that one be legally separated before filing for a divorce.

Q: This is kind of a 2 part question, if I file for divorce but my ex (common law) moved out of state with kid what happens with divorce and custody if i chose to have 50/50?

A: If your wife and child have been out of state for 6 months or more, Colorado may not have jurisdiction over the custody issues, and you may have to litigate that in the other state. Colorado would most likely still have jurisdiction over the marriage but it depends on how long you both were in Colorado, and whether or not you lived here as a married couple.

Q: MY QUESTION IS MY BROTHER HAD GOTTEN MARRIED IN 2001 THEN RIGHT BEFORE THE YEAR THEY GOT LEGALLY SEPARATED I CANT FIND ANY DOCUMENT ON THAT BUT THEY DO NOT WANT TO GET DIVORSED.MY BROTHER HAS A GIRL FRIEND AND NOW HIS REAL WIFE WANT TO VISIT HIM IN JAIL BUT HIS GIRL SAID NO DO HIS ORIGINAL WIFE STILL HAVE RIGHTS?

A: Assuming your brother is still legally married, yes, his wife still has rights. Her right to visit him in prison however, is contingent on the visitation rules of the prison. Normally, a person's right to visit a prisoner has nothing to do with whether or not they are married, are an ex-wife, current girl friend or someone answering a personal ad.

Q: If my husband of 18 years and I separate, does he have the right to date and have sex with other women during this timeframe?

A: Yes.

 

TOPIC: LEGAL SEPARATION VS. DIVORCE

The material located on our web site is for informational purposes only and is not intended to be legal advice. We are available for consultation regarding legal matters; however, the act of sending electronic mail to our firm or a specific attorney does not alone create an attorney-client relationship, and we reserve the right not to respond. Sharon D. Liko is a Sharon D. Liko, P.C. attorney and responsible for the content of this web site. Copyright © 2003 Sharon D. Liko, P.C. All rights reserved

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