Family Law Blog

Legal Separation May Provide Alternative to Divorce in Colorado

By Denver Divorce Lawyer on May 25, 2011

Colorado is one of several U.S. states that offer couples the option of legal separation as a possible alternative to divorce or annulment. In a separation, two spouses remain legally married to one another, but live separately. This arrangement can be helpful for spouses who can no longer live together but who wish to remain married so both can benefit from a health insurance policy, retirement plan, or other assets. Unlike a divorce, a legal separation has no waiting period.

To become legally separated in Colorado, spouses must file a petition in court. Just as in a divorce, the court is responsible for setting up division of assets, maintenance payments, child support, child custody, and visitation if the parties need them. Spouses may also agree to these arrangements or sort them out in mediation. Because these issues must be resolved, a legal separation can take as long to complete as a divorce.

Also, since the parties are still legally married, neither one can remarry without first obtaining a divorce. Once the legal separation is in place, however, either spouse can ask the court to convert it to a divorce, under the same terms as the separation, after six months have passed.

A legal separation is not right for everyone, but it can be the best choice for some couples. If you are considering divorce in Colorado, the experienced Denver divorce attorneys at Kaplan Law, LLC can help you decide if divorce or legal separation best fits your needs. Call Kaplan Law, LLC today at 1-877-527-5260 for a confidential consultation.