Separation is almost always a precursor to
divorce. By the time divorce is finalized, many couples are no longer living together.
While living separately has the potential to make financial severance
a smoother process, especially for couples who have not cohabitated for
a significant amount of time, this does not constitute
legal separation, which puts you on the path to divorce.
When you and your spouse have filed a Petition for Legal Separation, you
will have to demonstrate that your marriage is beyond repair, just as
you would in a divorce. You will have to work out many of the same details
that you would in a divorce, such as child custody, spousal support, property
division, and so on, and the court’s rulings will be just as legally
binding as they would be in a divorce. Because the practical implications
of a legal separation are virtually identical to that of a divorce decree,
you or your spouse can convert your legal separation into a divorce with
relative ease after six months of separation.
While living separately is an option, Colorado law does not require you
to obtain a legal separation or live separately before getting a divorce.
However, couples must undergo a minimum waiting period of 90 days before
the court will grand a divorce. The waiting period begins on the day one
spouse is served divorce papers or the day both spouses file jointly for
divorce. This does not guarantee issuance of a divorce immediately following
a period of 90 days; it is meant to create a buffer for both spouses and
the court to properly address any issues that come up.
Experienced Divorce Lawyers in Denver
If you and your spouse have decided to pursue divorce or legal separation,
our divorce and family law attorneys at
The Moodie Law Firm are here to help you through this difficult time. We can provide the compassionate,
comprehensive legal service you need to navigate the complicated aftermath
of your relational fallout.
Call (303) 578-3940 or contact us online
to receive a free consultation today.