Legal Separeration in Colorado

Filing for Legal Separation: To initiate a legal separation in Colorado, one spouse must file a petition with the court. Both parties are required to meet residency requirements, meaning at least one spouse must have lived in Colorado for 91 days prior to filing. After filing, the court will handle important matters like the division of assets and debts, spousal support, and child custody or visitation rights. The process typically takes as long as a divorce, but it results in a formal separation agreement instead of a decree of dissolution.

Financial and Tax Considerations: One of the reasons couples may opt for legal separation rather than divorce is financial. In some cases, legal separation allows spouses to maintain health insurance benefits, tax advantages, or other financial benefits tied to marriage. Additionally, separated spouses in Colorado can still file joint tax returns if they choose, which may provide tax savings. However, it's important to consult a financial advisor or attorney to understand the specific financial implications for each individual case.

Conversion to Divorce: If a couple who is legally separated decides to end the marriage, the process to convert a legal separation into a divorce is typically straightforward. In Colorado, either spouse can file a motion to change the legal separation into a divorce after six months. Once this motion is approved by the court, the legal separation is dissolved, and the couple is officially divorced. This option gives couples time to adjust to living apart before making a final decision about their marital status.