Executive Summary
If you are at a point where staying married no longer feels workable, but divorce does not feel like the right step yet, legal separation may be an option worth exploring. Many people in Denver and Colorado Springs are unsure what legal separation actually means, how it works, or how it differs from divorce under Colorado law. This blog walks you through what legal separation is in Colorado, how to file for legal separation in Colorado, and what issues the court will address so you can make an informed decision about your next steps.
What Is Legal Separation in Colorado?
In Colorado, legal separation gives couples a formal way to live apart while resolving key issues, without officially ending the marriage. If you’re wondering what legal separation is in Colorado, it closely mirrors the divorce process, including a court decree that:
- Divides property and debts
- Addresses spousal maintenance
- Establishes child custody, parenting time, and decision-making responsibilities
The major difference? You remain legally married. This means neither party can remarry unless the separation is later converted into a divorce.
Converting a Legal Separation to a Divorce
After six months have passed since the legal separation was issued, either party can file to convert the legal separation into a divorce.
This gives couples flexibility. You can choose to remain legally separated indefinitely, or decide later to take the next step and file for divorce.
How to File for Legal Separation in Colorado
You and your spouse can file for legal separation together as co-petitioners. Or, if one person disagrees with the terms, the other spouse may file for legal separation on their own.
To qualify:
- One spouse must have lived in Colorado for at least 90 days before filing.
- If there are children, they must have lived in Colorado for at least six months.
The steps to file for legal separation in Colorado closely mirror the divorce process, including completing forms, attending hearings, and working toward a final court order.
Whether you’re in Denver or Colorado Springs, an experienced family law attorney can guide you through each step to file for legal separation successfully.
Why Some Couples Choose Legal Separation
There are several reasons why couples in Denver and Colorado Springs might choose legal separation instead of divorce.
Common reasons include:
- Health insurance coverage: A spouse may remain eligible for coverage under the other’s health insurance plan.
- Tax considerations: Filing taxes as legally separated may offer certain benefits depending on your situation, such as filing as “single” or “head of household.”
- Religious beliefs: In some religions, divorce may go against the faith’s teachings. Legal separation allows couples to separate legally while remaining married.
In any of these cases, couples can file for legal separation in Colorado and resolve key legal matters without officially ending the marriage.
Choosing the Best Option for Your Situation
Deciding between legal separation and divorce in Colorado depends on your unique personal, financial, and emotional circumstances. Some couples can work out the terms on their own. Others may need legal support, especially if there are disputes about parenting, property, or finances.
If you’re unsure which path is right for you, speaking with a family law attorney in Denver or Colorado Springs can help you understand your options and what to expect if you choose to file for legal separation or move forward with divorce.
Get a Legal Separation Attorney in Colorado
If you’re ready to learn how to file for legal separation in Colorado, the attorneys at Colorado Legal Group can help you take the next step. We serve individuals and families in both Denver and Colorado Springs, providing customized guidance to protect your future. We’ll walk you through the legal process, explain your rights, and help you understand whether legal separation or divorce is the better fit for your situation.
Contact us today to schedule a consultation with an experienced legal separation attorney.