There may come a point in your marriage where you just can’t do it anymore. Perhaps your partner cheated, or you’re fighting over every little thing, or you just fell out of love. Whatever the reason, you may be considering divorce. However, there is another option you might consider.
Colorado law provides the ability to be legally separated rather than going straight to divorce. Issues, including property distribution, child custody, alimony, and child support, must be decided as part of the legal separation process, just like in a divorce. In fact, the process for a legal separation is identical to that of divorce, with the only real difference being that you are still married after the decree is issued. However, for some, staying legally married may allow them to continue to receive benefits such as health care. Before making the decision of whether to pursue a legal separation or a divorce, you should always consult with an experienced Colorado Springs legal separation lawyer.
At Ascent Legal Group, we represent individuals and families in a range of Colorado family law matters. We offer compassionate, strategic legal advice on matters such as the benefits and drawbacks of legal separation versus divorce. Reach out to our law offices today to schedule a free consultation with an experienced Colorado divorce attorney.
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What Is Legal Separation?
In Colorado, if your marriage is “irretrievably broken,” you might choose to end the relationship. This typically happens in one of two ways: divorce or legal separation.
In a divorce, the parties go through a legal process to officially end their marriage. A divorce can be contested or non-contested. If the parties can come to a legal agreement on all of the major issues (property division, child custody, child support, and alimony), a court will put that agreement in place and issue a decree. If the parties cannot come to an agreement on any of those issues, the court will first hold a permanent orders hearing, decide the issues, then issue a decree.
A legal separation is similar to a divorce in that the same issues can be decided through a legal process. The main difference between the two options is that with a separation, the marriage is not legally ended. In other words, the parties remain married even after a decree is issued. This prevents the parties from being able to remarry, but it may benefit the parties by possibly allowing them to stay on each other’s benefits.
Many states recognize or even require a period of separation before granting a divorce. Colorado offers a distinct legal process through which couples can essentially break up and address all legal issues between them without formally divorcing.
A legal separation requires a couple to go through the same procedure as they would for getting a divorce. The parties must also meet the residency requirement, just as they would for a divorce, which means that at least one spouse has resided in Colorado for 91 days and any minor children have resided in the state for 181 days. One or both spouses will then file a petition with the court in the county where you reside and pay a filing fee. You must also serve your spouse with the petition (if you did not file jointly) and submit financial disclosures.
The case will then proceed just like a divorce would, with the parties exchanging information, attempting to work out an agreement, and potentially going to trial if they can’t reach an agreement. A court will then issue a decree of legal separation. However, unlike a divorce, a court cannot grant a decree of legal separation unless both parties agree. If one spouse objects and requests a divorce, then the court will issue a decree of dissolution, not legal separation.
A legal separation must address all of the issues that a divorce would, including:
- Parental responsibilities (custody), including both decision-making authority and parenting time;
- Child support;
- Property division based on Colorado’s equitable distribution; and
- Alimony/spousal support.
However, the parties will still be legally married at the end of the process. Neither spouse can remarry after a legal separation unless they move forward with a dissolution of the marriage. If the ex-spouses choose to do so, they can convert a legal separation into a divorce at any time after 6 months have passed.
Because the process for getting a legal separation is identical to the divorce process, it is always a good idea to have a Colorado Springs divorce attorney represent you. Just as with a divorce, legal separation affects important legal rights, like time with your kids and your finances, so you want to make sure that you have legal representation.
Should I Get a Legal Separation Instead of a Divorce?
There are many different reasons why a person might choose to get legally separated instead of divorced. For example, divorce is taboo or frowned upon in some religions and cultures. A legal separation may be a good alternative to divorce so that you can effectively break up and have an order in place regarding your property, finances, and children, without violating any tenets of your religion or cultural norms.
Some people opt for a legal separation over a divorce for financial reasons. It might make sense to stay legally married in order for one spouse to stay on the other’s insurance or to obtain other benefits (such as Social Security). There might also be tax advantages to separation versus divorce.
It is important to understand that a legal separation is never required in Colorado. It is not an initial step to be taken on the way to divorce. It is a legal process that has specific consequences.
Before making the decision about getting a legal separation versus a divorce, it is important to go through the pros and cons. Legal separation will likely be just as costly, time-consuming, and stressful as a divorce would be. It is also just as legally complex as a divorce. While you can ultimately convert a separation into a divorce, getting separated is essentially all of the work of a divorce without actually dissolving your marriage or being able to remarry, and should you want to convert the legal separation to a divorce, you will need to wait six months.
If you are contemplating a legal separation, the best thing to do is consult with a Colorado Springs family law attorney. They can help you weigh your options and make the best decision based on your unique situation. While a legal separation may not be a good choice for many people, that does not mean that it isn’t a smart idea for your situation. There are good reasons to get a legal separation, but it shouldn’t be done without the advice and assistance of a Colorado divorce lawyer.
Explore Your Options With Ascent Legal Group
In Colorado, legal separation can be a viable choice for people in certain situations. However, it is a formal legal process and shouldn’t be undertaken without legal advice and representation. Our Colorado Springs legal separation lawyers can help you analyze your options and decide on the best course of action for your situation.
Ascent Legal Group advocates for clients in Colorado family law matters, including legal separation, divorce, child custody, child support, and spousal support. We never take a one-size-fits-all approach to family law, which allows us to provide individually-tailored legal services to meet our clients’ needs, such as helping them obtain a legal separation instead of a divorce if that makes more sense for them. To learn more or to schedule a free 30-minute consultation with a Colorado Springs divorce lawyer, give us a call at 719-256-0067 or fill out our online contact form.