When debating the value of a legal separation over a divorce, some couples wonder if divorce is still a possibility even after the separation agreement is in place. Remaining married is certainly beneficial for health insurance purposes, among others, but some couples still find that the separation agreement is not what they ultimately wanted.
While separated couples can still file for divorce, Colorado Springs has a six-month waiting period that a separated couple must wait out from the time of the final separation agreement before filing for divorce. Some may see this as an inconvenience, but there are benefits given by this statute.
Many couples going through a separation view their time apart from one another as a “trial divorce.” While the two are still legally married and living separately, this period allows each person to experience what divorced life would be like, complete with agreements related to issues such as custody and support.
Communication and Reconciliation
While not the goal of this waiting period, some separated couples have used the time as a chance to examine their marriage and, in some cases, reconcile with one another. This period allows each person to communicate their feelings and potentially work out marital issues. While this does not always happen, separated individuals who are hesitant to get a divorce often use this time as an opportunity to fix what they hope isn’t broken beyond repair.
Either party is able to convert the separation into a divorce once the six-month period is complete. One benefit of this is that the case does not need to be completely reopened unless one party is seeking a change to the agreement. If the agreement can remain in place, then a judge can simply sign a dissolution decree (typically after one month of filing a motion for conversion) and change the separation to a divorce.
Whether you are looking at legal separation or divorce, it is important to have the right legal representation by your side. Law Office of Greg Quimby, P.C. has years of experience in family law in Colorado and can help you navigate the process.