Marriage Separation Advice: We’re Broken Up But Haven’t Filed For Divorce

Question:divorce lawyer Ashley Hughes

My marriage separation advice question concerns how to treat a break up of the marriage without filing for divorce.

My wife essentially broke up with me, but we are still married and neither of us wants to file for divorce because of the time and money it would cost.

So how would our break up be treated in the eyes of the law if we are still legally married? Is the break up treated the same way is we were merely dating?


This answer only includes general divorce help for men since I am only licensed to practice in Colorado and am thus unable to provide any legal advice on divorce or marriage separation advice.

No, the break up of a marriage is not the same as if you were dating. You will need to formally file some document in order to dissolve your relationship. Otherwise in the eyes of the law you are still legally married, which of course means you can be held liable for certain debts accrued by the other party, and you are not able to re-marry.

Where I practice (Colorado) there is a mandatory 90-day “cooling off” period, but if the parties have reached a settlement agreement then the process doesn’t necessarily have to be that long.

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Legal Separation Advice

There is also the option of a legal separation, which means that your property will thereafter be solely yours and you will no longer be subject to further marital debts, (after it is entered by the court).

The main difference between a divorce and legal separation is during a legal separation you will not able to remarry, as you are still married. Unfortunately, this process will take a similar amount of time.

Cordell & Cordell has mens divorce lawyers located nationwide.

To schedule an appointment with a Cordell & Cordell attorney, including Ashley A. Hughes, a Staff Attorney in the Colorado Springs, Colorado office, please contact Cordell & Cordell.

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