Tag Archives: Divorce Attorney

Divorce and Legal Separation: What’s the Difference?

photo of a couple signing a paper in front of a lawyer

photo of a couple signing a paper in front of a lawyerKnowing that your marriage isn’t working anymore may be one of the hardest realizations in one’s marriage. Some couples try to work things out, while others give up altogether. If a couple is in a state of indecision about pursuing a divorce, they may choose the option of legally separating.

But what is the difference between legal separation and divorce, and which one is right for you?

Legal separation and divorce are similar, but not the same.

A legal separation is similar to a divorce in that couples still need to negotiate spousal support and child support, visitation, and custody if they have children. Both processes need legal representation, too. According to a Santa Fe divorce attorney, do-it-yourself separations only work for some cases and have higher risks of making costly mistakes.

The difference between the two is in the legality of the marriage. When a couple chooses legal separation, they are still married in the eyes of the law, but they’ll stop living as a couple.

Meanwhile, a divorce is the absolute dissolution of marriage. This is the option for people who are confident that there’s no fixing their marriage. During the proceedings, all the assets acquired as a couple will be divided. Once the marriage is dissolved, the former spouses may not share legal benefits.

Benefits of a Legal Separation or a Divorce

Since in a legal separation, former couples would still be legally married even though they’re separated, one spouse will remain an eligible beneficiary of the other’s health or insurance benefits. Apart from this, if the couple decides to work out their differences, they can easily get back together without having gone through the tough process of divorce.

The benefits of divorce may be more of a feeling of freedom. Getting out of a marriage that hasn’t been making a person happy is a huge benefit to his or her mental and emotional well being. Plus, the spouses can opt for legal union with another person.

The process of ending a marriage, whether permanently or not, can be stressful. Knowing the subtleties and technicalities of the ways you can end your marriage may help you decide which is right for you.

Sticks and Stones Break Your Bones; Painful Words Break You

Divorce Attorney in Colorado SpringsThe old saying claims, “Sticks and stones may break my bones, but words will never hurt me.” For a while, it may be applicable to you, but not in the long run.

Spouses will always have an exchange of unpleasant words, especially during arguments. But in some cases, one of the spouses puts up with the endless curses and degrading remarks. The constant abuse with words proves that its effect is just as bad as being physically hit.

There’s a reason most of Colorado Springs' divorce attorneys recommend separation due to verbal abuse. Here’s why:

Torn Up Self-Esteem

Verbal abuse negatively affects anyone’s self-esteem to the point that the abused spouse believes he or she is worthless, ugly, and no one could put up with him/her. Even if the abuser claims they did not mean to inflict the verbal wounds, the damage has already been done.

Manipulative abusers would reason that their abused spouse is too sensitive, which stirs doubt. They think, “Maybe, it’s my entire fault. I shouldn’t be too touchy next time.” Eventually, whenever the verbal abuse begins, the abused spouse will think they will never be good enough, which causes further damage to their self-esteem.

Enduring the Slow Torture

Verbal abuse often ends up two ways: the abused spouse leaves or stays. The former seems like the obvious option, but some spouses choose to put up with the abusive behavior. They determinedly stay, trying to make it work no matter how much the words hurt. In their opinion, their spouse will eventually change—all they have to do is wait.

In some cases, waiting works, but in most, it’s not a guarantee. Nothing the abused spouse asks or says can change the relationship. It’s an issue of control and drastic changes.

Individuals in such relationships have the choice to stay or leave; it is completely up to them. If words will never hurt in the same way stones do, they can wait for a change. If the change does not come, however, they are free to change their circumstances. 

What You Can Do to Handle Your Divorce Better

Divorce AttorneyGoing through a divorce can be tough on you and your former spouse. It gets even more difficult if you have children who are going to be affected by it. You must endure the challenge and fight for your rights, however, even though you’re hurting and feeling stressed. Here are some things you can do to handle the situation better and come out as a better person.

Consult Divorce Lawyers

Divorce may be a complicated legal process, but you can simply hire a lawyer that specializes in divorce to get what you deserve in court. Before hiring, kufferlaw.com and other legal professionals recommend consulting at least three divorce attorneys. This is for you to compare their upfront costs, have an idea about their experience, and how they deal with the whole process.

Be Smart about the Timing

If your partner has an upcoming big bonus or raise, it’s better to wait for it before filing your divorce. This will qualify you to get more from the divorce. If the divorce is because of your spouse’s mistake, make sure to be the one to file first, as this gives you an advantage in the divorce proceedings.

Be Careful about Money and Documents

Your joint signatures, investment accounts, bank accounts, utilities, and deeds of trust will be thoroughly checked. It’s important that your name appears on all those to prohibit your spouse to raid them. You should also have copies of documents, such as bank statements, tax returns, mortgage and loan agreements, and credit card bills. These may come in handy in court.

Take Care of Your Children

Your children shouldn’t be suffering in this situation because they have nothing to do with it. Assure them that you love them just the same. Never alienate them because that may be your downfall in court, especially if there’s a custody battle.

These are only some of the things you must do to survive your divorce with dignity. This way, you can start all over again and become a new and better person.