Legal Separation and Divorce in Colorado

Colorado Divorce vs Legal Separation

The term "separated" has become common throughout the State of Colorado as a euphamism for married couples who have agreed to stay apart for a while. While this is not a rare occurrence, not many know that there is a provision in the Colorado Revised Statutes which allows married couples to be legally separated and still remain married.

There are subtle differences between legal separation and divorce, and we examine a few of them below. A divorce attorney can explain the subtelties in greater detail however.

Legal separation is similar to divorce in almost every way except for the fact that you're still considered married. Probably the most common reasons for couples to choose legal separation are due to religious or moral considerations. Many faiths hold a divorce as something to be assiduously avoided and there might be significant family pressure to avoid one as well. In addition, the nature of the phrase "separated" is less threatening and final than "divorce".

It's also true that most legal separations end in divorce and since many of the issues involved are the same as those discussed during a divorce hearing, it's not at all unusual for the terms of the divorce to follow along the same lines as the decree of legal separation.

Since the parties are still technically married, the duration of legal separation is counted when it comes to deciding the number of years spent together. This can be important for issues such as determining social security rules or the division of military retirement benefits during divorce. Legal separation also keeps intact inheritance rights. However, this can be superseded by a clause to the contrary if inserted into the final separation decree. And finally, the two parties cannot remarry - a consequence of the fact that the original marriage still holds.

Apart from the above differences, legal separation is no different from divorce. Issues such as child custody, spousal maintenance and visitation rights must all be addressed just as in a divorce proceeding. In addition the division of property must take place as well and collective debt incurred must be apportioned to the two parties.

Obtaining a Colorado Divorce Attorney

Since the paperwork for legal separation is almost the same as that for divorce, you need a competent divorce attorney to help you navigate your way through the maze of legal intricacies. Remember - any decree for legal separation is likely to be carried forward in case of a divorce, and so it's in your best interests to get it right. The consequences of not doing so can haunt you for the rest of your life. Contact a Clawson & Clawson attorney now!