You can hear the terms “separation” and “divorce” sometimes used interchangeably in Colorado by the layperson. However, there are significant differences in the impact a separation will have on a relationship, compared to a divorce.
A trial separation is nothing, but an informal contract in which both the spouses will agree to live separately for a period of time. This kind of separation is usually decided on when a couple is having problems in their relationship, and wants to think things over before making a decision.
In in other words, when you consider a trial separation, you aren’t considering a divorce. However, you do want to live apart for a while, and see how this time apart affects your marriage before you go ahead and make a decision about divorce.
A trial separation is an informal agreement, but a divorce is a formal and legal contract that is legally binding on the spouses. In a divorce, you will agree to completely terminate your marriage and will make arrangements for the division of assets, determination of alimony and child support, as well as establishing child custody and other related matters.
In a trial separation, you may ultimately decide that the two of you can resolve your differences, and may move back into the same house once again. However, once you are divorced, you are considered legally separated in the eyes of the law, and your marriage is considered legally terminated. Both of you are legally free to marry other persons. During a trial separation or a legal separation, you will not be able to marry other people.
To learn about trial separations and other ways to save your marriage before heading to divorce court, talk to a family lawyer.