Legal separation is when a married couple decides to live apart without ending their marriage through divorce. While divorce is more commonly discussed, some couples opt for legal separation for various reasons, such as religious beliefs, financial considerations, health insurance benefits, or the hope of reconciliation.
While the divorce rate is hovering around 50%, Forbes says that 6% of divorced couples remarry each other after the divorce. In Colorado, a legal separation functions exactly like a divorce, with the division of marital assets and debts and the awarding of maintenance and/or child support.
If you’re dealing with this issue, you should understand the legal separation in Colorado, its requirements for filing, and the potential drawbacks. Let’s explore the key differences between legal separation and divorce and why it might be worth knowing about this option.
Legal Separation Vs. Divorce
Legal separation allows you and your spouse to live apart while still remaining legally married. It provides a middle ground between remaining married and getting a divorce. With legal separation, you can divide your assets and debts, determine child custody and child support arrangements, and establish spousal support. You are still married and can’t remarry unless you convert the legal separation into a divorce.
Divorce is the legal termination of a marriage. It permanently ends the marital relationship and allows both parties to remarry if they choose to do so. In a divorce, you must also address the division of assets and debts, child custody and support, and spousal support. Unlike legal separation, divorce severs all legal ties between spouses, providing a complete dissolution of the marriage.
Colorado law requires a mandatory 91-day waiting period from the date the divorce petition is served to the respondent, while in California, divorcing spouses must wait at least six months before finalizing their divorce. In most cases, the length of time it takes to finalize a divorce depends on how complicated the case is, the level of cooperation between the parties, and the court’s schedule.
Legal separation isn’t a prerequisite for divorce in Colorado. You can choose to file for divorce directly without going through the legal separation process. Legal separation may be a viable option for couples who are unsure about ending their marriage but need some time apart to evaluate their relationship.
Requirements for Filing for Legal Separation
In accordance with Colorado’s laws, you must fulfill certain requirements before filing for legal separation. Either you or your spouse must have been a resident of Colorado for at least 91 days before filing the petition. This residency requirement ensures that the state has jurisdiction over your case.
You must have a valid reason for seeking legal separation, such as an irretrievable breakdown of the marriage or the belief that continued cohabitation isn’t in the best interest of the parties involved. Take note that legal separation isn’t available if both parties agree to a dissolution of marriage or if one spouse has abandoned the other for at least one year.
Colorado law requires the filing spouse to provide the other spouse with a copy of the petition and summons. This allows both parties to be aware of the legal proceedings and have an opportunity to respond.
Benefits of Legal Separation in Colorado
If you’re considering legal separation in Colorado, you may be interested in understanding the benefits that come with this decision.
- Legal separation allows you to live separately from your spouse while still remaining legally married. This can be beneficial if you have religious or personal reasons for not wanting to get a divorce.
- Legal separation provides a framework for resolving important issues such as child custody, spousal support, and the division of assets. By legally separating, you can establish legally binding agreements that protect your rights and the rights of your children.
- It allows you to maintain certain benefits that you may lose in the event of a divorce. For example, you may be able to continue receiving health insurance coverage from your spouse’s employer.
- Legal separation provides a period of time for you and your spouse to evaluate your relationship and decide if divorce is the best course of action. It offers a temporary solution while you work through your issues and make informed decisions about your future.
Potential Drawbacks of Legal Separation
Legal separation in Colorado does come with potential drawbacks that you should be aware of. While legal separation can provide certain benefits, it’s important to consider the potential downsides before making a decision.
One of the main drawbacks of legal separation is that it doesn’t provide the finality that divorce does. Unlike divorce, legal separation doesn’t legally end your marriage. This means that you may still be legally obligated to your spouse, and you can’t remarry unless you get a divorce.
Another potential drawback is the financial implications of legal separation. When you legally separate, you may still be responsible for your spouse’s debts, and they may still have access to your assets. This can create financial complications and make it harder to move forward independently.
Legal separation can be emotionally challenging. It can prolong the process of ending a relationship and may prevent both parties from fully moving on. This can be particularly difficult if there are unresolved issues or ongoing conflicts between you and your spouse.
It is important to carefully weigh the potential drawbacks of legal separation against the benefits before making a decision. Consulting with a qualified family law attorney can help you understand the potential implications and make an informed choice.
Navigating the Legal Separation Process
When considering legal separation, it’s important to understand how to handle the process effectively. The first thing you need to do is consult with an experienced family law attorney who can guide you through the legal requirements and help protect your rights. Your attorney will assist you in filing the necessary paperwork with the court and ensure that all the required documents are properly prepared and submitted.
During the legal separation process, you may be required to attend mediation or settlement conferences to discuss important matters such as child custody, division of assets, and spousal support. Your attorney will represent your interests and negotiate on your behalf to reach a fair and equitable agreement.
You need to gather all relevant financial and personal information before beginning the legal separation process. This includes documentation of your income, assets, and debts, as well as any existing prenuptial or postnuptial agreements. This information will be necessary to determine the division of property and to establish child support or spousal maintenance.
Throughout the process, it’s essential to maintain open lines of communication with your attorney and follow their advice. With their guidance, you can successfully deal with the legal separation process in Colorado.
Conclusion
Legal separation in Colorado offers couples an alternative to divorce by allowing them to live separate lives while still remaining legally married. This option provides benefits such as financial protection and the ability to retain certain benefits, but it also comes with potential drawbacks, such as a limited ability to remarry.
