When couples in Colorado choose a legal separation, they may still wish to retain the option to divorce later. A legal separation allows spouses to live apart while still married. Over time, one or both may decide that divorce is the better path. Colorado law provides a straightforward process for converting a separation into a divorce.
How legal separation works
A legal separation is similar to a divorce. The court divides property, assigns debt and may set child support or spousal maintenance. The difference is that the marriage stays legally intact. Spouses cannot remarry while separated. Some choose separation for personal, financial or religious reasons. Others use it as a step before divorce.
The process of conversion
Colorado law allows either spouse to file a motion to convert a legal separation into a divorce. The court requires a wait of at least six months from the date of the separation decree. After that time, a spouse can request the change. The request does not require new hearings on property or custody if the court already decided those issues. The court then updates the decree and enters a divorce judgment.
Timeline and what to expect
The six-month waiting period is the most important part of the timeline. Once that ends, the conversion often moves quickly. The spouse who files the motion must give notice to the other. The judge then signs the order. No new trial takes place unless someone asks for significant changes. For most families, the conversion finishes within weeks after filing.
Why conversion matters
Converting a separation into divorce provides finality. It allows spouses to remarry, close financial ties and move forward. For some, the separation period gives time to adjust before making the divorce final. For others, it helps protect health insurance or other benefits during the waiting period.
Final thoughts
Choosing between legal separation and divorce is a personal decision. A separation can give space to test living apart or preserve certain benefits for a time. When the marriage will not continue, however, conversion to divorce is often the most practical step. Colorado’s process is straightforward and respects the decisions already made about property, custody and support.
If you feel ready to take this step, consulting with a family law attorney may be helpful. Guidance from an attorney may give you clarity about your options and help you move forward with greater confidence.