Couples who choose separation over divorce are often concerned about how divorce relates to religion, morality, and other philosophical concerns about divorce. Others may worry about maintaining health insurance coverage or other aspects of life that change as a result of a divorce (a divorce often requires you to remove a spouse from an employer`s health insurance). You can`t remarry someone if you`re legally separated – you can only do that if you`re divorced. And if you`re legally separated, keep your estate rights when your spouse dies (unless you have a prenuptial agreement, which is often the case with asset splits). If your separation agreement is fair and reasonable for both of you, the judge will likely approve it. Colorado is somewhat unique in that it offers legal separation as an alternative to marriage dissolution. A legal separation decree deals with all outstanding issues of the parties, such as divorce, such as parenthood, division of marital property and debts, alimony and alimony. Some people mistakenly think that a legal separation is a half-measure, a stepping stone in a divorce process – it isn`t, it`s an end in itself and puts the parties in an unusual status that can last for years. ** Booking: Some insurers allow the maintenance of coverage in the event of a legal separation decree. Before discussing the differences between legal separation and divorce in Colorado, it may be helpful to understand the similarities between these procedures. The grounds for legal separation are the same as the grounds for divorce in Colorado.
Since Colorado is a flawless state, you don`t have to prove wrongdoing. The marriage just has to be irreparably broken. Legal separation will deal in detail with parental responsibility and parental leave, just as in a divorce. It will deal with the division of matrimonial property, assets and debts. Some parties may already know how to divide everything themselves, but others may need a lawyer to help them. If in doubt, consult a lawyer to review your options. This list of frequently asked questions can help you decide if legal separation or divorce is right for you. Despite these similarities, there are important differences. If you are considering divorce or legal separation, contact Halligan LLC today at (720) 608-2361.
Our experienced family law attorneys would be delighted to meet with you for a consultation in our Denver office. As with a divorce, you and your spouse, as co-applicants, can file an application for legal separation. If one party does not agree to your terms, you can also apply for legal separation yourself. To apply, a party must have lived in Colorado for at least 90 days. If children are involved, the children must have lived in Colorado for 6 months or more. Just like a divorce – by filing a petition in Colorado District Court. In fact, the two are so similar that when clients come to us, they often end up with a divorce because the process is so similar anyway. The forms used to file an application for legal separation or divorce can be found here. Since both parties remain legally married, neither party can remarry unless the legal separation is converted into divorce.
This conversion may take place at any time after the expiry of a period of 6 months from the publication of the decree. At the end of the 6 months, the parties may request that the judgment of legal separation be converted into a judgment of dissolution of marriage (divorce). Legal separation may only be granted with the consent of both spouses. If one of the spouses applies for legal separation, the other spouse may ask the court to make a dissolution order instead of legal separation. S.C.R. 14-10-106(2). In Colorado, a legal separation works like a divorce – marital property and debts are divided, child support and/or child support is provided, and parental responsibility is awarded; At the end of the proceedings, however, both parties are still legally married. Therefore, the parties cannot remarry after legal separation, unless the proceedings are converted into divorce. NOTE: If you receive a judgment of legal separation, it is relatively easy to convert this decree into a judgment on the dissolution of the marriage once the legal separation is completed. Colorado law requires that you wait at least six months after the separation decree is issued before applying for it to essentially become a divorce decree. Once this six-month waiting period has elapsed, it is sufficient to file an application with the court to request that the judgment be converted to a divorce judgment. Your divorce attorney will likely advise you to negotiate with your spouse (and even help you do so).
That`s because litigation is expensive and time-consuming, and your lawyer wants you to settle your case as quickly and painlessly as possible. The cost of legal separation is essentially the same as that of divorce, as both processes involve exactly the same issues. There are very few, if any, cost benefits to filing a legal separation for divorce. The most expensive parts of the case are the costs associated with expert fees, mediator fees and attorney`s fees. The process is the same in both cases. You submit a petition and provide certain financial information. In both cases, issues of custody, child support, division of property/debts and spousal support play a role. Essentially, the only significant difference between a legal separation and a divorce is that at the end of the separation process, you`ve gone through everything needed to get a divorce, but you`ll still be married. It also means that separation cases are usually as expensive as a divorce. If you`re not sure if you want a divorce, a legal separation agreement can accomplish the same things as legal divorce of both parties.
This way, you will have time to decide if a divorce is the right option for you. If you and your spouse decide to take a break and live apart, it`s not the same as a legal separation.