One of the biggest disadvantages of a legal separation is the lack of finality in the termination of a marriage. You will remain legally bound in matrimony to your spouse. It may be a good decision for people who are not decided yet on whether a divorce is best for the family.
While pondering the issue, there are key aspects of legal separation that you should discuss in detail with your family law attorney in Colorado Springs. The Law Office of Gordon N. Shayne cites some of them.
Married But Living Apart
When serious issues affect a marriage and a divorce is not an option yet, a legal separation gives couples the space they need. A divorce means the complete dissolution of a marriage, but this is not the case in a legal separation. Couples maintain their legal status and are still bound by marital duties and responsibilities when they are legally separated. Meanwhile, the couple retains healthcare, property, and other benefits. They can also make financial or medical decisions for each other.
In a legal separation, the couple cannot remarry. If they chose to reconcile the marriage, it will not be much of a problem, unlike after a divorce. Since a divorce cannot be undone, a couple seeking legal reunification has to marry again.
During a Legal Separation
There are many different aspects to be discussed to establish living parameters in a legal separation. Some of the key topics you must establish with legal aid are utilities and living expenses, mortgage payments, access to joint accounts, management of assets, and taxes.
Your lawyer may recommend formulating a legal separation agreement, a legally binding document that clarifies issues on expenses, debts and assets, and child support. A formal written agreement protects both parties. This is particularly helpful if the husband or the wife faces debts. A legal separation agreement limits the liability of the other should the person in debt fail to fulfill his or her obligations.
Make informed and smart decisions. Settling all issues when you agree to a legal separation protects you and the children.