Everyone believes in happily ever after when they walk down the marriage aisle, but sometimes, life takes spouses in different directions. Deciding to part ways means spouses face a big decision, but fortunately, it doesn’t always have to be the permanent end of the marriage.
Unlike the handful of states that have no laws facilitating legal separation, in Colorado, spouses can choose to live separately for as long as necessary to make the best possible decision about their future, while enjoying the same rights and protections as they would in a divorce, but they remain legally married. If you are interested in either option, call our divorce lawyer in Denver for a free consultation.
How Does Legal Separation Work In Colorado?
A legal separation in Colorado is much like a divorce, with all of the requirements of a Colorado divorce, including the following:
- A child custody agreement or parenting-time schedule
- Child support orders
- A fair and equitable division of marital assets and debts
- Spousal support or alimony, when appropriate for their circumstances
- Any additional judgments needed, such as whether or not one spouse retains the family home
A legal separation typically involves negotiation meetings and often mediation to reach a settlement agreement on the above legal terms for the separation, followed by a court process, much like those in divorce, but with the spouses remaining legally married.
Why Choose a Legal Separation Over a Divorce?
Colorado does not require separation before divorce, but choosing a legal separation is not an uncommon choice. There are many reasons spouses choose to legally separate rather than end their marriage in a divorce. A legal separation may be a temporary solution until spouses decide to reunite or until they choose to move forward with a divorce. Common reasons for spouses to choose legal separation over divorce include the following:
- Uncertainty about whether or not the marriage is over, or testing the waters for a divorce
- The need to share benefits such as health insurance, retirement, or military benefits while living apart
- Religious or moral beliefs that prevent divorce
- Tax benefits
- The need for a spouse to gain self-sufficiency or independence before divorcing
- The desire to remain legally married while raising children
- Separating as a trial divorce or for time apart for contemplation before deciding to finalize the end of the marriage with a divorce
A separation is reversible if spouses decide to reconcile. On the other hand, having a legal separation agreement in place makes it relatively easy to transition from separation to divorce, as the terms of the settlement agreement are already established for child custody, child support, and the division of assets and debts. Call our child support lawyers in Denver today.
Either spouse may request that the court convert the separation into a divorce, or they may reverse the separation and reunite at any time.
Filing for Legal Separation or Divorce In Colorado
The process of filing for legal separation in Colorado is similar to filing for divorce, requiring one spouse to file a petition with the court and then have the separation papers with their requested terms served to their spouse.
Once the spouse files a response, both parties begin negotiations for the terms of their separation. Both spouses should have family law attorneys to represent them throughout the legal separation process, just as in a divorce.