Introduction
When couples find themselves at a crossroads in their relationship, they often assume that divorce is their only option. However, in the state of Colorado, there exists an alternative approach known as legal separation. While legal separation and divorce may seem similar on the surface, it’s essential to understand that they entail different legal and financial consequences for couples. In this comprehensive guide, we will delve into the intricate details of Colorado’s legal separation laws and shed light on the key distinctions between legal separation and divorce.
Legal Separation vs. Divorce: What’s the Difference?
Although legal separation and divorce both require intervention from the court and address critical aspects like property division, child custody, and spousal support, there are fundamental distinctions that set them apart.
Definition of Legal Separation
Legal separation refers to a court-recognized separation in which a couple remains married but chooses to live apart while dividing their assets and responsibilities. In certain cases, legal separation serves as a stepping stone towards divorce, allowing couples to live independently and handle financial and personal matters without completely dissolving their marriage.
Definition of Divorce
Divorce, on the other hand, encompasses the legal termination of a marriage. A divorce decree brings an end to the legal relationship between spouses, empowering them to enter into new marriages if they so desire.
Benefits of Legal Separation
While divorce often takes center stage, it’s crucial to recognize the unique advantages that legal separation offers to couples who wish to take an in-between path.
Medical Insurance
One significant benefit of legal separation is the ability to maintain health insurance coverage. Unlike divorce, where continuing under a spouse’s insurance plan is usually prohibited unless under specific circumstances and COBRA provisions, legal separation allows one spouse to remain covered by the other’s insurance.
Trial Separation
Legal separation grants couples the opportunity to temporarily separate and live apart without terminating their marriage. This period of trial separation provides space for reflection and evaluation, helping couples gain insights into their relationship before deciding whether to proceed with a divorce or attempt to reconcile.
Religious Considerations
For couples bound by religious beliefs that frown upon divorce, legal separation serves as a more accommodating option. By legally separating while maintaining their marital status, couples can align their religious convictions with their personal circumstances.
Property Division
Legal separation enables couples to distribute their assets and responsibilities without completely dissolving their marriage. In situations where divorce might not be immediately favorable or feasible, legal separation allows couples to untangle their financial affairs while keeping the option of divorce open for the future.
Spousal Support
Legal separation also provides the possibility of spousal support, often referred to as maintenance. This financial assistance can prove beneficial for a spouse who has been financially dependent on their partner throughout the course of the marriage.
Legal Separation Process in Colorado
Understanding the legal separation process in Colorado is essential for those considering this alternative to divorce.
Filing for Legal Separation
To initiate legal separation in Colorado, one spouse must file a petition with the court. This petition should include a proposed separation agreement that outlines how property will be divided, child custody arrangements, and any other relevant considerations.
Separation Agreement
Once the petition is filed, the other spouse has 21 days to respond. If both parties reach an agreement on all matters, the court will approve the separation agreement. However, if an agreement cannot be reached, the court will schedule a hearing in which both parties will present evidence and arguments for the court’s consideration.
Final Orders
Upon approval of the separation agreement, the court will issue final orders that outline the terms of the separation. These orders comprehensively address various aspects, including property division, child custody, and support.
Differences in Legal Separation and Divorce Proceedings
To fully appreciate the dissimilarities between legal separation and divorce in Colorado, it’s essential to consider specific key distinctions.
Grounds for Divorce
In Colorado, there are no grounds for legal separation, as it is ultimately a voluntary decision made by the couple. However, when seeking a divorce, couples must demonstrate grounds such as adultery, abandonment, cruelty, or the irretrievable breakdown of the marriage.
Waiting Period
Legal separation does not entail a waiting period in Colorado. In contrast, divorce proceedings require a mandatory 91-day waiting period. This means that if a couple decides to pursue a divorce, they must live apart for a minimum of 91 days before the court approves the final divorce decree.
Finality of Divorce
A critical distinction between legal separation and divorce lies in the legal repercussions. When a couple gets divorced, the marriage is legally terminated. In contrast, legal separation allows couples to remain legally married but separated. Consequently, couples who choose legal separation cannot remarry unless they convert their legal separation into a formal divorce.
Conclusion
In conclusion, legal separation presents a viable alternative for couples seeking separation while maintaining the legal bond of marriage. It offers various benefits such as the preservation of health insurance coverage, the opportunity for trial separation, accommodation of religious beliefs, asset distribution without complete dissolution, and potential spousal support. Before making life-altering decisions, it is crucial to fully comprehend the legal and financial implications associated with legal separation versus divorce. Seeking guidance from an experienced family law attorney will help navigate the process and make well-informed decisions that align with individual circumstances.