How to Legally Separate in Colorado

How to Legally Separate in Colorado

Deciding to separate from your spouse can be an emotionally challenging experience. However, if you and your spouse have come to the realization that a separation is the best path forward, it is important to understand the legal process involved. In Colorado, legal separation is a viable option for couples who are not ready or do not wish to get a divorce. This article will guide you through the steps of legally separating in Colorado and address some frequently asked questions about the process.

1. What is legal separation?
Legal separation is a legal process that allows couples to live apart while remaining legally married. It provides a framework for resolving important issues such as child custody, spousal support, and property division. Unlike divorce, legal separation does not terminate the marital status, meaning you are still technically married.

2. How do I initiate a legal separation in Colorado?
To initiate a legal separation in Colorado, you or your spouse must file a petition for legal separation with the court. The petition should include information about your marriage, your reasons for seeking separation, and any requests for child custody, support, or property division.

3. Do I need to meet any requirements to file for legal separation in Colorado?
To file for legal separation in Colorado, either you or your spouse must have lived in the state for at least 91 days before filing the petition. There are no other residency requirements.

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4. What are the grounds for legal separation in Colorado?
Colorado is a no-fault state, meaning you do not need to prove fault or wrongdoing to obtain a legal separation. Simply stating that the marriage is irretrievably broken is sufficient grounds for legal separation.

5. What issues can be addressed in a legal separation?
Similar to divorce, a legal separation allows you to address important issues, including child custody and visitation, child support, spousal support, and division of property and debt. These issues can be resolved through negotiation, mediation, or by the court if an agreement cannot be reached.

6. What is the difference between legal separation and divorce in Colorado?
The main difference between legal separation and divorce in Colorado is that legal separation does not dissolve the marriage. While you are legally separated, you are still married and cannot remarry. Additionally, some couples choose legal separation for religious or financial reasons.

7. How long does a legal separation process take in Colorado?
The length of the legal separation process in Colorado can vary depending on the complexity of the issues involved and the level of cooperation between the parties. On average, it may take several months to a year to finalize a legal separation.


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1. Can I convert a legal separation to a divorce in the future?
Yes, if you decide later on that you want to dissolve your marriage, you can convert a legal separation to a divorce by filing a motion with the court.

2. Will I need to hire an attorney for a legal separation in Colorado?
While it is not mandatory to hire an attorney for a legal separation, it is highly recommended. An attorney can guide you through the process, ensure your rights are protected, and help negotiate a fair settlement.

3. What happens to our shared assets and debts during a legal separation?
During a legal separation, you and your spouse can agree on how to divide your assets and debts. If an agreement cannot be reached, the court will make a decision based on what is fair and equitable.

4. Can I still receive spousal support during a legal separation?
Yes, spousal support, also known as maintenance, can be awarded during a legal separation. The court will consider various factors, such as the length of the marriage, each spouse’s income, and their ability to support themselves.

5. Can we share custody of our children during a legal separation?
Yes, legal separation allows for shared custody arrangements. The court will prioritize the best interests of the children when determining custody and visitation schedules.

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6. Can I change my legal separation agreement in the future?
Yes, if circumstances change, you can request modifications to your legal separation agreement. However, any modifications must be approved by the court.

7. Is legal separation the right choice for everyone?
Legal separation is a personal decision that depends on individual circumstances. It can provide an alternative to divorce for couples who need time apart but do not want to terminate their marriage.

In conclusion, legal separation in Colorado offers couples an alternative to divorce while still addressing important issues such as child custody, support, and property division. By understanding the legal process and seeking professional guidance, you can navigate the complexities of legal separation and ensure a fair and amicable resolution.