What is Legal Separation?
A legal separation is a formal legal proceeding that can accomplish everything that a divorce can accomplish EXCEPT legally divorcing the parties. In a legal separation, the parties resolve all of their legal issues with a final decree that addresses things like maintenance, child custody, division of property and other legal issues. At the end of a such a proceeding, however, the parties remain legally married. A legal separation can be converted to a divorce during the pendency of the case or anytime in the future (but no earlier than 6 months after the Decree has issued).
Reasons to Choose Separation Instead of Divorce
We do not often recommend legal separations to our clients. However, in two particular instances, a legal separation may be appropriate:
- There may be tax purposes, health insurance purposes, or business purposes that warrant a Legal Separation instead of a divorce.
- You have religious reasons for which you do not want to be divorced, but you need to separate the rest of your estate from your spouse.
Legal Separation vs. Divorce
In Colorado, a legal separation is like a divorce in every way except that the parties remain legally married. However, there are some subtle differences and you may want to choose one over the other. A case is filed with the court and decisions are made with respect to all of the same issues as in a divorce such as custody, maintenance, child support, and property division. In effect, a legal separation is exactly what it says it is, it separates the two spouses “legally” but does not “divorce” them.
Negotiating a Separation Agreement
After filing for legal separation, couples deciding to take this route must negotiate a separation agreement outlining the terms of their separation. This agreement covers various aspects, including property division, child custody, visitation schedules, alimony (spousal support), dividing assets, and financial responsibilities.
Converting a Legal Separation into a Divorce
When spouses are legally separated, either may request a decree of dissolution before the final hearing and the court will convert the case to a divorce. Once a decree of legal separation has been granted, either party may request that the court change the legal separation into a divorce although it can be more challenging to perform the conversion once the case is over.
Fill out our form or call us at 720-594-7360 to get started.
