Wife suggesting divorce, myself feel seperation may resolve differences.
The only difference between legal separation and divorce is that if you get a legal separation you can usually keep the other person on your insurance and you cannot remarry until you convert the legal separation into a divorce (a very easy process). Otherwise, the process and result is identical.
Robert Salter is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Robert Salter or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
To add to Mr. Saltter's answer, Legal Separation is also only available if both people agree. If either party insists on a divorce, then the Court will proceed with a divorce rather than a legal separation. The standards applied to custody and financial issues are identical in either case.
To add a little more: If you are legally separated, you are also still legally married. Legal Separation must remain in effect for six months and after that, either of you can change it to a divorce by simply asking the court to do so. If nobody asks, then it remains a Legal Separation until someone does.
There is no difference in terms of "custody" or support issues.
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