Colorado recognizes both legal separation and divorce. Under Colorado Code Section 14-10-106, if either spouse requests that the court declare the couples are legally separated, rather than dissolving their marriage, the court will “grant the decree in that form unless the other party objects.” What this means in plain English is, if both parties agree it should be a legal separation, that is what the court will enter. However, if one person wants a divorce and the other wants a legal separation, it will be a divorce.
Before couples decide to pursue legal separation rather than divorce, they’ll need to understand the implications of this choice and what it means for their future.
Legal Separation vs. Divorce
Legal separation and divorce are very similar in some ways under Colorado law. In either case, no grounds are required, or it is considered a no-fault case which means neither party is said to be to blame. A legal separation and a divorce require exactly the same financial disclosures, the process takes the same amount of time and it results in the same full and final division of the marital assets and liabilities. People who had hoped the legal separation process would be faster or easier than divorce will be disappointed.
During the legal process, decisions will also need to be made on child custody, child support, spousal maintenance, and division of property. A couple can make these decisions together and create their own agreement which the court signs off on. Alternatively, the court can make these choices. The court will apply the same process as in a divorce, aiming to divide property equitably and ensure the custody arrangement is in the best interests of the child.
The big difference, though, is that the couple will not be officially divorced if they pursue a legal separation. They will remain married for purposes of government benefits. This could be a huge advantage in some cases. Unfortunately, neither spouse will be able to remarry since they are already considered to be legally in a marriage.
Is Legal Separation a Good Idea?
Legal separation is appropriate in situations where you do not want to get a divorce. This may be for personal or religious reasons. Occasionally a health insurer will allow coverage of the spouse after a legal separation but that is not possible after a divorce. such as access to benefits.
However, if you plan to enter into new relationships, legal separation can be a problem since you’re not going to be able to marry anyone else.
If you decide to get back together, this can also create complications. If you had divorced, you could remarry. There’s no similarly simple way to end a legal separation. For example, determining what is considered marital property might be difficult if you were legally separated, reconciled, and split up again.
Before deciding that legal separation is right for you, you should talk with a Denver divorce lawyer about the implications of choosing this option over a divorce. Make sure it is the best way to protect your financial and personal life going forward.
If you do decide to pursue a legal separation, working with a divorce attorney in Denver you do have the option to convert the separation to a divorce with the same terms of the separation. C.R.S. 14-10-120 allows this conversion to occur at the request of either spouse as long as the legal separation has lasted for a period of six or more months. The process at this point happens very quickly in most cases as there’s no need for the court to revisit the issues decided in your initial separation agreement.
A Denver family law attorney can guide you through both separation and divorce so you can protect your interests during these legal processes.