Legal Separation

Legal Separation

By Carl O. Graham

unhappy couple, separation

Colorado is somewhat unique in offering a legal separation as an alternative to a dissolution of marriage. A decree of legal separation will address all of the parties’ outstanding issues as with a divorce, such as parenting, division of marital assets & debts, support & maintenance. Some people mistakenly think of a legal separation as a half measure, a stepping stone in a divorce process - it’s not, it is an end in itself, and puts the parties in an unusual status that may last for years.

So what is a legal separation all about? What is the purpose of one? The spouses are still technically married for some purposes, such as some health care plans (particularly governmental or military), for purposes of insurance and military benefits. And for spouses whose religious views frown upon a formal divorce, a legal separation offers a viable alternative which allows them to live separate lives with an enforceable court order.

However, as the parties are still technically married, so neither spouse can remarry without first obtaining a dissolution.

If spouses are seeking to obtain a legal separation in Colorado thinking that it might be simpler than a divorce, they will be disappointed.  A legal separation has the same procedures as a divorce, so is no shortcut, either procedurally, or financially. But in the end, the spouses lack the finality of a dissolution, and have a hybrid status wherein they are treated as married for some purposes, but divorced for others.

This lack of finality complicates matters if the couple later reconciles. With a divorce, it’s easy - if the couple later chose to remarry (I’ve seen it happen!), there would be a definite date for the second marriage which would define their rights and obligations should that remarriage end in dissolution. But what happens with a legal separation? From which date does the property earned by the spouses become marital? Would the legally separated spouse still keep whatever was awarded in the original decree? Even if those assets were jointly titled? You cannot undo a legal separation, and since you’re already married, you don’t technically remarry. But for the sake of clarity, consider at least renewing your vows, or even talking to a lawyer about a post-nuptial agreement.

A legal separation can only be granted with the consent of both spouses. If one spouse files a petition for legal separation, the other spouse may request the court issue a decree of dissolution instead of a legal separation. C.R.S. 14-10-106(2).

Finally, once a legal separation has been issued, either party can convert it to a decree of dissolution after six months has passed, usually with the same terms as the legal separation.  C.R.S. 14-10-120. What this means is that the spouses are stuck being legally separated for six months, but thereafter may choose to convert it to a dissolution quickly, or even remain legally separated for years.

Note that the conversion process itself is quick, simple, and cheap - it does NOT involve reopening the whole case unless the parties agreed in the separation agreement to revisit maintenance or some other financial issue upon conversion (which would be unusual).. Instead, the attorney files a Motion to Convert, and the other party cannot practically oppose the conversion, and about 4 weeks later the judge will issue an order declaring the marriage to be formally dissolved.

More Information

Legal Separation Article in Wikipedia.

Do You Need a Legal Separation Lawyer in Colorado Springs?

The family law attorneys at Graham.Law have years of experience helping clients through the Colorado legal system. We know Colorado family laws, inside and out, from divorce to legal separation, from annulments to military divorce issues. For more information about our El Paso County family law firm, click on:

Colorado family law is all we do. Period.

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Divorce