You may know that living with your spouse is no longer working, but you may not be ready to legally end your marriage. Colorado offers divorce and legal separation as two ways to address financial and parenting issues, but they result in different marital statuses.
To file either case, you or your spouse must have lived in the state for at least 91 days. If you need the court to issue parenting orders, your child generally must have lived in Colorado for at least 182 days, or since birth if younger than 6 months.
What each process can address
Whether you pursue divorce or legal separation, the court may issue orders involving:
- Division of marital property and debts
- Spousal maintenance, sometimes called alimony
- Child support
- Parental responsibilities and parenting time
Both processes require similar court paperwork and forms showing your income, property and debts. Colorado charges the same fee to start either case, although other costs may vary.
How your marital status differs
A divorce decree legally ends your marriage. Once the divorce becomes final, you may remarry. A legal separation order leaves your marriage intact. You remain legally married even though the court has divided property and established financial or parenting orders.
Separation may appeal to you for personal or religious reasons. If your marriage is nearing 10 years, divorce timing may affect possible Social Security benefits because an ex-spouse generally must have been married at least 10 years to qualify on the other spouse’s record. Other federal rules apply.
Legal separation does not guarantee that you can remain on your spouse’s health insurance plan. Coverage depends on the employer and the terms of the policy. Reviewing the plan before filing can help you understand how either process may affect your benefits.
Can you later change a legal separation into a divorce?
Either spouse may ask the court to change a legal separation into a divorce at least 182 days after the judge finalizes the legal separation. The orders involving property, support and children generally remain in effect unless the court later changes them.
Prepare for the terms you must follow
Whichever case you file, the final orders can create deadlines for transferring property, paying support and following a parenting schedule. Before filing, gather financial records, insurance plan details and information about your children’s routines. Legal guidance can help you identify which orders you need, determine whether proposed terms are workable and address gaps before the court enters a decree.