What's the Difference between a Divorce and a Legal Separation in Colorado?

Great question. And one that I used to get asked frequently.

What is the difference between a Dissolution of Marriage and a Legal Separation in Colorado?

As it relates to the process -- not much at all. Both will go through the exact same steps noted here. The difference, of course, is that at the end of a dissolution of marriage, you will receive a Decree of Dissolution of Marriage and at the end of a legal separation, you will receive a Decree of Legal Separation.

Maintenance and child support can be ordered in either case. Assets and debts are divided in either case. Both will have the same deadlines and procedure, generally speaking.

So why would you choose one over the other?

As with anything relating to family law cases, the reason for choosing one over the other is personal.

From an emotional standpoint, some folks prefer to be "legally separated" rather than "divorced." Sometimes it is just that simple.

Another reason that legal separation can be used instead of a divorce is for religious purposes. In some religions divorce is unsavory or not permitted. For this reason, some folks opt for a legal separation.

Finally, another reason (and one that has been most prevalent in the past few years) is that with some health insurance policies, you can keep your spouse on your insurance policy with a legal separation. Of course, if you believe this might apply to you, you will want to consult both an attorney and your insurance provider.

This can throw some folks off. It is hard for some to believe that maintenance would be awarded or financial disclosures would be required in a legal separation. However, Courts recognize that a legal separation will often result in physical separation of the parties. This, of course, necessitates each party leaving the relationship on equal footing, just the same as with a divorce. Colorado is, after all, an equitable division state.

Per statute, a legal separation can be converted to a dissolution with a simple filing. The Court requires at least one-hundred-eighty-two (182) days must pass from the issuance of the Decree of Legal Separation before you can request this. However, the process is simply the filing of a Motion for this to take place. If you would like to pursue this, please be sure to contact your local Court or an attorney who can assist you.