Legal separation can have significant challenges. From dividing assets to determining parenting arrangements, couples often struggle with the nuances and uncertainties of this decision.
Without legal representation, the process can become even more stressful and confusing. At Halligan LLC, we provide the support you need in this challenging time. Our goal is to help you find a fair resolution that protects your interests and allows you to move forward with confidence.
Whether you’re seeking clarity on property division, spousal support, child support, parenting time, or other legal matters, our legal separation attorney, Gavin Halligan, builds tailored strategies for each client’s needs. Contact us today for a free consultation.
Legal Separation Agreement in Colorado
Legal separation is a marital status that, in Colorado, means the spouses have separated all assets and liabilities and resolved spousal support, but remain legally married.
It’s a common misconception that legal separation simply means divorced couples live apart; however, that is not true in Colorado. Legal separation is a complex process—the same as that for a divorce—and it’s not for everyone. However, it can be a beneficial alternative to divorce in some situations. Legal separation involves the same legal procedures as divorce, including division of property, spousal support (maintenance), child support, and allocation of parental responsibilities (formerly “custody”).
Difference Between Legal Separation and Divorce
While legal separation has the same process as divorce, the end result is different. In a legal separation, you remain legally married even though you live separately and have separate finances, which can have implications for your finances, your children, and your future.
Similar to divorce, Colorado law allows for legal separation if the marriage is irretrievably broken. Even so, a legal separation doesn’t automatically lead to divorce. Instead, at least six months after the Decree of Legal Separation is entered, one spouse must file a motion with the court requesting that the legal separation be converted to a divorce.
Benefits of Legal Separation
Legal separation can provide many benefits, depending on your case’s circumstances. Here are some reasons why couples might choose legal separation over divorce:
Healthcare Benefits: Depending on the healthcare plan, one spouse may be able to continue to receive health insurance benefits under the other spouse’s plan during a legal separation, but this is not possible in a divorce.
Tax Benefits: Legally separated couples may still be eligible to file joint tax returns, which may lead to tax benefits.
Religious/Personal Beliefs: Some religious or personal beliefs conflict with divorce. In such cases, legal separation allows couples to live separately without violating religious principles.
It is important to know that in Colorado, the process for a legal separation is the same as for a divorce—the main difference being that at the end of a legal separation case, the parties remain married. If one party wants a divorce six months or more after the entry of the Decree of Legal Separation, all that is required is one simple motion, after which the court will likely enter a Decree of Dissolution of Marriage and the parties will be officially divorced.
While the benefits of a legal separation can be advantageous, what works for one couple may not work for another. That’s why it’s essential to consult an experienced family law attorney to guide you through the process and help you make the best decision for your family.
Grounds for Legal Separation Process
The grounds for a legal separation are the same as the grounds for a divorce in Colorado. Since Colorado is a no-fault state, you don’t have to prove any wrongdoing. The marriage just needs to be considered irretrievably broken. In general, the court does not consider marital misconduct when deciding issues such as property division or spousal support.
Additionally, there are residency restrictions. For a Colorado court to divorce a couple, at least one spouse must have lived in Colorado for at least 91 days before filing for legal separation.
Common Issues in Legal Separations
Legal separations are just as complex as divorces, and they often involve many of the same issues. Here are some common matters that need to be addressed:
Child Custody (Allocation of Parental Responsibilities) in Legal Separations
Determining child custody (allocation of parental responsibilities) can be one of the most challenging aspects of a legal separation. The court makes decisions based on what it believes is in the best interest of the child. Factors considered include the child’s wishes (if the child is old enough), each parent’s ability to care for the child, and each parent’s intention to foster a healthy relationship with the other parent.
Assets in Legal Separations
Just like in a divorce, legal separation requires an equitable division of marital property. This includes everything acquired during the marriage, such as homes, cars, retirement accounts, and even debts. However, “equitable” doesn’t necessarily mean “50-50.” When allocating property, factors that are considered include each spouse’s contribution to acquiring the property and each spouse’s financial circumstances.
LGBTQ+ Legal Separations
Legal separations aren’t just for heterosexual couples. LGBTQ+ couples also have the right to legal separation in Colorado. The process and considerations are the same.
It’s always best to have an experienced Colorado family law attorney by your side. Our law firm has experience in same-sex legal separation and is 100% dedicated to helping you in this challenging process with the highest level of commitment.
Filing for Legal Separation in Colorado
Filing for legal separation in Colorado involves several steps. Here’s a brief overview:
- Filing a Petition: One spouse (the petitioner) files a petition for legal separation. This document outlines the petitioner’s requests for property division, child custody, and spousal support.
- Joint Filing (If Applicable): If both spouses agree to pursue a legal separation and agree on some or all of the terms, they may file a joint petition instead. In a joint filing, both spouses act as co-petitioners, which generally eliminates the need for formal service of papers and shortens the process.
- Serving the Other Spouse (If Not Jointly Filed): The petitioner must then serve the other spouse (the respondent) with a copy of the petition and a summons to appear in court. The respondent has 21 days (if they live in Colorado) or 35 days (if they live out of state) to respond.
- Temporary Orders: If applicable, temporary orders may be entered while the legal separation is pending, either by agreement or by court, upon a party’s request for a temporary orders hearing to address immediate concerns such as parental responsibilities, child support, and spousal maintenance.
- Discovery: In a process known as discovery, both partners disclose information about their finances, property, and other relevant issues.
- Negotiation or Mediation: The spouses may try to negotiate an agreement without a mediator; however, if the parties cannot reach an agreement, all parties to a legal separation case in Colorado must attend mediation prior to going to trial.
- Trial: The case goes to trial if the spouses can’t agree on all issues. Each individual presents documents and arguments, and the judge makes a final decision.
- Decree of Legal Separation: Once the parties have either agreed upon or a judge has decided all issues, the court issues a decree of legal separation..
Contact a Colorado Legal Separation Lawyer
You don’t have to face a legal separation alone. At Halligan LLC, we’re familiar with the legal separation process and can provide support so you can move on to the next chapter of your life. Each legal separation case is different, which is why we work on a personalized solution that considers the key differences in divorce law and legal separation agreements.
Don’t let the uncertainties of legal separation weigh on you. Let us help you in this complicated moment with confidence and peace of mind. Contact us today for a free consultation.
Frequently Asked Questions
How is legal separation different from divorce?
The key distinction between legal separation and divorce is the relationship’s legal status. In a divorce, the marriage is officially ended. With a legal separation, however, you remain legally married while living separate lives.
What are the benefits of legal separation?
The most common reason for a legal separation is to allow one spouse to remain on the other’s health insurance policy. However, some companies are implementing rules to prevent this as an option. Others see legal separation as an alternative to divorce without the stigma or permanence of divorce. Legal separation may also allow spouses to keep tax and insurance benefits while offering the freedom of living separately with separate finances.
Do I need an attorney for a divorce or legal separation?
You are not required to hire an attorney when filing for a divorce or legal separation in Colorado. However, a legal separation has long-term financial and legal consequences. So, to protect your legal and financial interests, it’s best to consult a family law attorney.
