Legal Separation Vs Divorce In Colorado

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In Colorado, there are two ways to end a marriage: divorce and legal separation. Divorce is the more common option, while legal separation is less common. Here’s a look at the key differences between these two options:

Duration:

A divorce can be finalized relatively quickly, while a legal separation can take months or even years to finalize.

Grounds:

In Colorado, there are only two grounds for divorce: irreconcilable differences and incurable insanity. There are no grounds for legal separation.

Property Division:

In a divorce, the court will divide the couple’s property and debts between them. In a legal separation, the couple’s property and debts are still considered to be joint.

Spousal Support:

In a divorce, one spouse may be ordered to pay spousal support to the other. In a legal separation, spousal support is not typically ordered.

Child Custody:

In a divorce, the court will make a decision about child custody. In a legal separation, the court will not make a decision about child custody. The couple will have to work out a custody arrangement between themselves.

Child Support:

In a divorce, the court will order one spouse to pay child support to the other. In a legal separation, child support is not typically ordered.

So, which is right for you?

If you’re considering divorce, it’s important to speak with an attorney to find out if you meet the grounds for divorce in Colorado. If you do, the divorce process will be relatively straightforward. If you’re considering legal separation, speak with an attorney to find out if it’s the right option for you. Legal separation can be a good option if you want to stay married but need some time apart from your spouse. It can also be a good option for couples with children, as it allows them to continue to be legally married while the custody and support arrangements are worked out.

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What does legal separation mean in Colorado?

When a couple in Colorado decides to legally separate, it means that they are no longer in a marriage relationship. This can be an amicable decision made by the couple, or it can be a result of a hostile breakup. Either way, there are a number of things that happen when a couple separates legally in Colorado.

One of the first things that happens is that the couple’s assets are divided. This includes things like property, money, and debts. In most cases, assets are divided equally between the two people. However, if there is evidence that one person was more financially responsible for the assets during the marriage, that person may receive a larger share.

In addition to dividing assets, the couple must also decide how to divide their debts. This can be a complicated process, as it’s not always easy to determine who is responsible for which debts. In most cases, the couple will split the debts equally. However, if there is evidence that one person was more responsible for the debts, that person may be responsible for a larger share.

Another important thing that happens when a couple separates legally is that they must decide how to handle child custody and support. In most cases, the couple will create a parenting plan that outlines who will have custody of the children, who will make decisions for the children, and how much child support will be paid. If the couple cannot agree on a parenting plan, the court will create one for them.

Finally, when a couple separates legally in Colorado, they are no longer considered married. This means that they are no longer entitled to any of the benefits that come with being married. This includes things like joint property, shared debts, and spousal support.

Legal separation can be a difficult process, but it is important to understand what happens when a couple separates. If you are considering separating from your spouse, it is important to speak with a lawyer who can help you understand your rights and obligations.

How long does a legal separation last in Colorado?

A legal separation in Colorado lasts for a minimum of six months. After the six-month period, either party may file a motion to dissolve the legal separation. If the court finds that there is no longer a need for the legal separation, the court will dissolve the legal separation. If the parties have reconciled and wish to have the legal separation dissolved, they may file a motion jointly asking the court to dissolve the legal separation.

How long do you have to be separated to get a divorce in Colorado?

In Colorado, you must be separated for at least 91 days before you can file for divorce.

How much does a legal separation cost in Colorado?

If you and your spouse live in Colorado and are considering a legal separation, you likely have a lot of questions about the process and what it will cost.

While the cost of a legal separation can vary depending on your specific situation, here is a general overview of what you can expect to pay.

Filing Fees

The first thing you will need to pay is the filing fee, which is currently $318 in Colorado. This fee covers the costs of filing your petition for legal separation and having it processed by the court.

Attorney’s Fees

If you and your spouse choose to hire attorneys, you will also need to pay for their services. Attorney’s fees can vary significantly, so it is important to discuss this expense with your lawyer ahead of time.

Court Costs

In addition to the filing fee and attorney’s fees, you may also have to pay court costs. These costs vary depending on the specific court where your case is heard, but can range from a few hundred dollars to a few thousand dollars.

Spousal Support

If you are requesting spousal support from your spouse, you may also need to pay for a support calculation. This fee can range from $100 to $1,000, depending on the complexity of your case.

So, what’s the bottom line?

In general, you can expect to pay anywhere from a few hundred dollars to a few thousand dollars to get a legal separation in Colorado. However, it is important to note that these costs can vary significantly, so it is important to discuss them with your attorney before moving forward.

What are the pros and cons of legal separation?

When a couple decides to legally separate, they are essentially splitting their assets and responsibilities in two. This can be a difficult decision to make, as there are both pros and cons to legal separation.

One of the biggest pros to legal separation is that it can help to preserve the marriage. Often, couples decide to legally separate as a last resort, after they have tried counseling and other methods of repairing their relationship. By separating legally, the couple is still technically married, which can sometimes give them the opportunity to reconcile.

Another pro to legal separation is that it can help to protect both parties financially. If the couple decides to divorce down the road, they will have already divided their assets and debts, which can make the process easier. Additionally, legal separation can help to ensure that both parties are still covered by each other’s health insurance, and that neither party is responsible for the other’s debts.

There are also a few cons to legal separation. One is that it can be expensive. In most cases, both parties will need to hire attorneys, and the process of dividing assets and debts can be time-consuming and complicated. Additionally, legal separation can sometimes be damaging to a couple’s relationship, and can lead to a more hostile divorce down the road.

What rights does a legally separated spouse have?

When a couple divorces, the court will generally award one spouse the right to live in the family home and the other spouse the right to receive a set amount of money each month to help them live elsewhere. However, if the couple separates without divorcing, each spouse may have different rights, depending on the state where they live.

Generally, a legally separated spouse has the right to live in the family home and the right to receive child support and/or alimony. The spouse may also have the right to receive a portion of the other spouse’s income, depending on the state. However, the spouses are not allowed to remarry or have sexual relations with other people. If either of these things happens, the separation agreement may be voided and the couple may be required to divorce.

If the couple has children, the legally separated spouse typically has the right to make decisions about the children’s welfare, such as where they will live and go to school. However, the separated spouse may not have the right to make decisions about financial matters, such as how much money the children will receive from the other spouse.

If you are considering separating from your spouse, it is important to speak with a lawyer to find out what rights you would be entitled to.

Do I have to file for legal separation before divorce in Colorado?

In Colorado, you do not have to file for legal separation before filing for divorce. However, legal separation may be helpful in some cases.

If you file for legal separation, you will be able to resolve some issues, such as child custody and child support, without having to go through a full divorce. Legal separation may also be helpful if you are not sure if you want to get divorced, or if you want to try out a separation to see if it will work for you and your spouse.

If you decide to file for divorce after you have filed for legal separation, your divorce will be much simpler and faster. However, if you decide to reconcile with your spouse after filing for legal separation, you will need to file for divorce to end the legal separation.

Legal Separation Vs Divorce In Colorado9 min read