Understanding Legal Separation in Colorado: Key Facts and Considerations
- Miller and Law, P.C.
- 12 hours ago
- 3 min read
Introduction
At Miller & Law, P.C., we understand that deciding whether to end a marriage is one of the most significant and personal choices a person can face. For many families, legal separation provides a structured alternative to divorce—allowing spouses to live apart and protect their financial and parental rights while remaining legally married.
Our Colorado family law attorneys are committed to guiding clients through this process with clarity, professionalism, and respect.
What Is Legal Separation?
Legal separation in Colorado is a formal court process that establishes each spouse’s legal and financial rights while the marriage remains intact. A Decree of Legal Separation addresses:
Distribution of marital property and debts
Spousal maintenance (alimony)
Parenting time and parental responsibilities
Child support
Although your relationship changes legally, you and your spouse remain married. Neither party can remarry unless the separation is later converted to a divorce.
Why Choose Legal Separation?
Clients come to Miller & Law, P.C. for legal separation assistance for many reasons, including:
Religious or Moral Beliefs
Some spouses prefer separation when divorce conflicts with their personal or religious values.
Health Insurance Considerations
Depending on an employer’s plan policies, a legally separated spouse may remain on the other spouse’s health insurance.
Financial or Tax Planning Benefits
Remaining married may allow for continued financial benefits, including joint tax filing or pension considerations.
A Transitional Approach
Legal separation provides time, structure, and clarity for couples who are not ready to pursue divorce.
Immigration Concerns
Staying legally married can help protect certain immigration processes or statuses.
The Legal Separation Process in Colorado
The Colorado legal separation process closely resembles divorce but does not dissolve the marriage.
1. Filing the Petition
Either spouse—or both jointly—files a Petition for Legal Separation in district court.
2. Service of Process
If the filing is not joint, the petitioning spouse must formally serve the other spouse.
3. Mandatory Financial Disclosures
Both parties must provide full financial disclosures, including income, assets, liabilities, and expenses.
4. Negotiation and Mediation
Many cases are resolved through negotiation or mediation, reducing the need for extensive litigation.
5. Court Orders and Final Decree
Once outstanding issues are settled or litigated, the court will issue orders and enter a Decree of Legal Separation.
How Long Does Legal Separation Take?
Colorado law imposes a mandatory 91-day waiting period after filing before the court may grant a legal separation. Complex financial issues or disputes regarding children may extend the timeline.
Converting a Legal Separation to a Divorce
Either spouse may convert a legal separation to a divorce any time after six months from the date the decree is entered. The process is typically straightforward and does not require re-negotiating issues unless circumstances have materially changed.
Couples who choose to reconcile may request that the court dismiss the separation decree.
Property Division During Legal Separation
Colorado follows the principle of equitable distribution, meaning marital property is divided fairly—not necessarily equally. Courts consider:
Each spouse’s economic circumstances
Contributions to the marriage
Changes in the value of assets during the marriage
Any valid marital agreements
These standards are identical to those used in divorce proceedings.
Parenting Time and Child Support
For parents, legal separation includes comprehensive court orders regarding:
Parenting time (physical custody)
Decision-making (legal custody)
Child support based on Colorado’s statutory guidelines
These orders carry the full force of law and function the same as those issued in a divorce case.
Is Legal Separation Right for You?
Legal separation may be appropriate if you want legal clarity and financial protection while maintaining the marital relationship. The attorneys at Miller & Law, P.C. work closely with clients to help them evaluate their circumstances and choose the option that aligns with their values, goals, and long-term plans.
THANK YOU FOR READING!
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