In Colorado, spouses who choose to go their separate ways have two paths. They can file for divorce or choose a legal separation as a temporary solution while deciding the future of their marriage.
A legal separation in Colorado provides the same rights and protections as a divorce, with legal terms for child custody, child support under the state’s guidelines, the division of assets, and spousal maintenance (alimony) when appropriate. During a legal separation in Denver, the spouses live apart as they would in a divorce, while remaining legally married.
There is no time limit for remaining legally separated while determining the future of a relationship. Some spouses reunite after a separation period, but many separated spouses in Colorado choose to move forward with a divorce.
Why Choose a Legal Separation In Colorado?
A legal separation functions much like a divorce, setting enforceable terms for child custody, child support according to the state’s formula, the separation of assets and debts, and spousal maintenance (alimony) when required.
Spouses sometimes wish to live apart while remaining legally married. The most common reasons for choosing legal separation include the following:
- Living apart in a trial divorce, either while working on the relationship, or testing the waters for a permanent parting
- Ending the relationship while retaining the benefits of marriage, such as sharing health insurance, military benefits, or tax benefits
- Having religious or moral beliefs that prohibit divorce
- One spouse needs time to gain independence and self-sufficiency
- Choosing to live apart while working on the relationship with the hope of reconciling
Some separated spouses reunite and have the court overturn the separation agreement, while others go on to convert their legal separation to a divorce. Cal our divorce lawyers in Denver for a legal consultation today.
What Is the Legal Process for Converting a Legal Separation Into a Colorado Divorce?
When arriving at the terms of the separation agreement, spouses, with the assistance of their family law attorneys and a professional mediator, either reach a settlement agreement on all separation terms or they argue their sides of disputes in court for a judge to decide the terms.
When separated spouses choose to convert their legal separation into a divorce, they must first wait at least six months from the date of the finalization of their separation agreement. Then, the path from separation to divorce is as follows:
- One or both spouses file a motion with the court in the same jurisdiction as the separation agreement
- If both spouses agree to the divorce under the same terms agreed upon in the separation agreement, a judge signs the agreement into binding divorce orders and finalizes the divorce
- If only one spouse wants the divorce, they may file a divorce petition and have the papers formally served to their spouse. In Colorado, a spouse has 21 days to respond to the petition, or 35 days if they are outside of the state
- If both spouses agree to a change in the divorce terms, the judge can amend the terms of the agreement before signing final divorce orders
Finally, if one spouse wants a change in one or more of the separation terms before converting it to a divorce, and the other does not, they must present their disputes to the judge, who carefully considers each argument before reaching a decision and signing it into binding orders.