For couples in Colorado who are considering ending their marriage but are not ready for divorce, legal separation offers an alternative that provides many of the same protections while keeping a marriage legally intact. Legal separation allows spouses to live apart, divide assets and establish custody arrangements while maintaining certain benefits, such as health insurance or religious considerations.
Legal separation is a formal process wherein a married couple remains legally married but lives separately with a court-approved agreement outlining property division, spousal support, child custody and other marital responsibilities. Unlike informal separation, legal separation provides enforceable legal protections, similar to those handed down in a divorce. One key distinction is that legally separated spouses cannot remarry unless they eventually divorce formally.
Embracing this approach
The process of obtaining a legal separation in Colorado is similar to filing for divorce. Key steps include:
- Filing a Petition – One or both spouses must file a petition for legal separation in the county where either spouse resides. At least one spouse must have lived in Colorado for at least 91 days before filing.
- Serving the Other Spouse – The filing spouse must legally notify the other spouse by serving them with the petition. The non-filing spouse has a specific period to respond.
- Negotiating Terms – Couples must reach agreements on property division, spousal support, child custody and financial responsibilities. If they cannot agree, the court may intervene.
- Waiting Period – Colorado law requires a 91-day waiting period before a legal separation can be finalized, giving both parties time to reconsider or work out details.
- Finalizing the Separation – If all terms are settled, the court issues a decree of legal separation, making the separation legally binding.
In Colorado, couples who are legally separated can later convert their legal separation into a divorce. Either spouse can file for this conversion after six months, and the court will grant the request without requiring a new legal process.
Legal separation is a significant decision that impacts financial stability, parental rights and long-term plans. Seeking legal guidance can help ensure that a spouse’s rights and interests are protected, whether they seek legal separation as a temporary step or a long-term solution.
