In Colorado, legal separation works like divorce – marital property and debts are divided, alimony and/or child support is granted, and parental responsibility is awarded; At the end of the proceedings, however, both parties are still legally married. Therefore, the parties cannot remarry after a legal separation unless the proceedings are converted into divorce. Converting a legal separation decree into an executive order on the subsequent dissolution of marriage later (after court review and registration of the decree) is quite simple in Colorado. What for? Again, the process of obtaining a decree on legal separation reflects the process of obtaining a decree on the dissolution of marriage. Both decrees must address and resolve all issues of relationship, financial, ownership, support and education of the parties. (For help with divorce forms and this process, check out our Guide to Colorado Divorce Law “How” to Convert a Separation Order to Marriage Order.) Note that the conversion process itself is quick, easy and cost-effective – it does NOT involve reopening the entire file unless the parties have agreed in the separation agreement to re-examine maintenance or any other financial issues related to the conversion (which would be unusual). Instead, the lawyer files an application for conversion, and the other party can hardly resist the conversion, and about 4 weeks later, the judge issues an order declaring the marriage officially dissolved. A legal separation is not the same as a procedural separation. Many couples try to live apart for a while – a trial separation – to see if they are better off without the other. At the end of a separation process, the parties can decide if it`s time to legally end their marital relationship. If you are considering a divorce or legal separation, contact Halligan LLC today at (720) 608-2361. Our experienced family law lawyers would be delighted to meet with you for a consultation at our Denver office. Many of our clients or visitors believe that Colorado law automatically grants couples special and legally recognized status if they live separately during an impending divorce.

People often say, “My spouse and I are legally separated.” By this they usually mean: “We filed documents with the court to file for divorce, and we now live separately and separately from each other (or at least in separate areas of our home). In terms of content, as in a divorce, a legal separation judgment in Colorado states that married parties are financially separated persons and without liability for each other`s support, debts, or taxes, except in cases ordered by the executive order. Procedurally, the parties must meet the same filing and service requirements and complete essentially the same documents as in a proceeding in order to obtain a decree on the dissolution of the marriage. The spouses may apply jointly before a notary or clerk or independently for legal separation. A copy of the petition must be submitted to the district courthouse. After filing, the applicant notifies his or her spouse that the matter has been filed. If the couple files an application together, the defendant presents a notarized copy of the waiver and acceptance of service at the courthouse. Otherwise, separation documents must be served on the defendant by a sheriff, trial server, or a person over the age of 18 who is not involved in the case. The defendant must submit a response within 21 days if it is delivered to Colorado or within 35 days if it is delivered elsewhere. Colorado is somewhat unique when it comes to offering legal separation as an alternative to dissolution of marriage. A legal separation judgment deals with all outstanding issues of the parties as in a divorce, as in .B. Parenthood, division of marital property and debts, support and maintenance.

Some people mistakenly think of legal separation as a half-measure, a stepping stone in a divorce process – it`s not, it`s an end in itself and puts the parties in an unusual state that can last for years. Colorado`s divorce law naturally allows separated spouses to formalize their temporary lives and parenting arrangements and structure their sharing of expenses and debts, as well as their support obligations. Such formal agreements can be submitted to the Colorado court for the issuance of so-called “injunctions.” (See, in this context, the article on our website that discusses the usual Colorado divorce law formula for temporary spousal support or “temporary support.”) But this too is very different from a decree on legal separation, which resolves financial and support issues on a permanent and not temporary basis. If you and your spouse no longer want to be together, you have two main options: legal separation or divorce. Understanding the difference between the two – and the litigation and/or judgments they can bring – can significantly help you and your spouse navigate difficult legal processes. .