If you’re facing serious issues in your marriage but aren’t ready to end it permanently, you may be weighing the option of legal separation versus divorce. In Colorado Springs, both legal paths provide formal frameworks for dividing property, setting custody terms, and determining financial support. However, they differ significantly in legal status, long-term implications, and even religious or health insurance impacts. Understanding the legal nuances of legal separation vs divorce in Colorado is essential to making the right decision for your family and future.
Legal Separation in Colorado: An Overview
Legal separation in Colorado is governed by C.R.S. §14-10-106, which outlines how a couple can seek separation through the courts while remaining legally married. During a legal separation, the court may enter orders regarding property division, maintenance (alimony), child support, and parenting time. Unlike divorce, neither party can remarry during the period of legal separation.
Grounds for Legal Separation
Colorado is a “no-fault” state, meaning neither spouse must prove wrongdoing to initiate separation or divorce. Legal separation is typically chosen for reasons such as:
- Religious or moral objections to divorce
- Maintaining health insurance coverage (when permitted by the plan)
- Financial or tax-related planning
- Desire to separate without ending the legal bond of marriage
How Divorce Differs
Divorce, formally known as the dissolution of marriage, permanently ends the marital relationship. It is also governed by C.R.S. §14-10-106. The legal process for divorce is nearly identical to that of legal separation, but it results in a final termination of marital status. This distinction has important consequences for taxes, estate planning, and remarriage rights.
Converting Legal Separation to Divorce
Under C.R.S. §14-10-120, either party may file to convert a decree of legal separation into a decree of dissolution (divorce) after six months from the date of the separation order. The court does not require any additional findings—just a formal request. This flexibility can be valuable for couples who initially chose separation but later decide to divorce.
Which Option Is Right for You?
The right path depends on your goals and circumstances. Consider the following:
- Choose Legal Separation If: You need a break from the marriage but want to leave the door open for reconciliation or require continued benefits (like insurance).
- Choose Divorce If: You’re certain the relationship has ended and want to legally, financially, and emotionally close that chapter.
Both routes offer similar legal protections in terms of asset division and child-related orders, but divorce is final while legal separation allows for future reconciliation or conversion.
Deciding between legal separation and divorce is a deeply personal decision with long-term consequences. At Boal Law Firm, we help clients in Colorado Springs understand every legal nuance to make confident, informed decisions. If you are unsure about your next step, contact us today for a consultation on legal separation versus divorce in Colorado. We’ll help you navigate the complexities with clarity and care.