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Legal Separation vs Divorce in Colorado

Legal separation resolves the same core issues as a divorce, parenting time, division of property and debt, and spousal or child support, but it does not end your marriage.

You remain legally married after a decree of legal separation, which means neither of you can remarry unless the separation is later converted into a divorce. That conversion is straightforward: either spouse can ask the court to convert a legal separation into a divorce once six months have passed since the decree, and the court does not require any new findings to grant it (C.R.S. § 14-10-120). If no one asks for that conversion, the separation can stay in place indefinitely. Couples sometimes choose legal separation over divorce for reasons like keeping shared health insurance or religious beliefs around divorce. If you are weighing the two, it comes down to what you actually want the next chapter to look like, and an attorney can walk you through which path fits your situation.

By Johnson Law Group

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