Legal Separation vs. Divorce in Colorado | Denver Divorce Attorney

What’s Inside

A question I am often asked is, “what is the difference between a divorce and a legal Separation?”

The primary difference is that if you are legally separated, you cannot get remarried. This is because if you’re legally separated, you’re still married to your spouse. Often couples choose a legal separation in lieu of a divorce for one of two reasons. One, the couple’s religious beliefs morally object to getting a divorce. Or two, the couple wants to allow an unemployed party the ability to remain on the employed party’s health insurance. There are a few other reasons couples choose legal separation over divorce, such as rules regarding inheritances, retirement benefits, or social security benefits. However, religion and health insurance are the two most common reasons a couple chooses to pursue a legal separation instead of a divorce.

Now, that you understand the difference, it is important to highlight the similarities. If you choose to pursue a legal separation, the court will enter orders on the following issues: parenting issues, child support, division of property, and division of debt. These are the exact same issues the Court rules on when hearing a divorce case. Consequently, going to court for a legal separation, will feel almost identical to going to court in a contested divorce case.

One important thing to know about legal separation is that it takes two to tango. That means both parties need to agree to pursue a legal separation. As mentioned above, if you’re legally married you’re still married to your spouse. In Colorado the state will not force an individual to remain married to someone if they want a divorce. Thus, if one party wants a legal separation, and one party wants a divorce, then the parties are getting divorced.

Further, when a legal separation is order by the court it is fairly simple to convert it into a divorce. The biggest hurdle is that once a legal separation ordered, the parties must wait at least 182 days until either party requests that the court convert the legal separation into a divorce. Once the 182 days have passed, either party may file a request with the court that their legal separation be converted into a divorce, and the court will grant that request.

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B.H.

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April and staff were wonderful.

“April and staff were wonderful. It made a difficult time of life softer while maintaining my dignity.”

J.A.

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I will be recommending friends, family, and associates to Jones Law.

“When I needed legal assistance I emailed roughly a dozen law firms that came up in a Google search. Jones Law was the only firm that got back to me with a personalized message about my particular situation. When I arrived for my appointment I was greeted by Emily Sturgill to go over my case. Emily was awesome. She walked through my information & was very empathetic to my situation. I later met with David Collins to address my issue. David was great & completely understood what I wanted & gave me a very quick resolution. I will be recommending friends, family, and associates to Jones Law.”

M.C.

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April always valued how I felt and what I wanted the outcome to be for the case.

“April Jones has represented me very well in my family court case. April always valued how I felt and what I wanted the outcome to be for the case. She understood my concerns and made sure they were kept on the forefront. I feel my cases outcome was positive for me and my family because of that. Thank you.”

S.H.

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We can now open up another chapter of our lives.

“I went to Jones Law Firm, PC , needing help with my children’s custody case. April took my case, even though it was very short notice before the court date. Immediately April and all her staff members started gathering all the details and information from me to prepare for court. Daily April and/or her staff members were in contact with me for any updates on what was going on. I now have full custody of my two beautiful children. My family and I would like to say “Thank you so much” to everyone at the Jones Law Firm. We can now open up another chapter of our lives.”

A.E.

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In the most difficult time of my life, April Jones was there for our family.

“I am SO thankful for April and her team! She personally went well above and beyond the call of duty on my custody and child support case and helped me out of a nightmare situation with my ex-wife and restored balance and fairness in my family. I am happy, and most importantly the kiddos are happy!! Thank you SO much April for all you do!”

S.R.

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“April and her team made my divorce quick and smooth. I would recommend them to any one. Even after my case if I need to call in for anything the team there are always so nice and helpful. I would not be in the life I have now if it weren’t for the help I got from this firm.”

S.C.

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Not only did she do a FANTASTIC professional job, she was caring, understanding and most concerned in a manner that left me knowing and feeling I was safe!

“Having had the pleasure and experience of having Ms. April Jones of Jones Law Firm, PC represent me in my recent divorce, I must say how truly BLESSED I was. Not only did she do a FANTASTIC professional job, she was caring, understanding and most concerned in a manner that left me knowing and feeling I was safe! In the aftermath (or dare I say ‘afterglow’!) of such an emotional separation departure, I graciously and honestly can suggest and recommend Jones Law Firm, PC !”

M.K.

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Ms. Jones’ best quality as an attorney is her ability to take charge.

“Ms. Jones was my attorney in 2002. She is sharp, quick and strong and we won my case decisively. I am currently having Ms. Jones represent me again on another issue in 2010-2011. Based on my observation, Ms. Jones is sharper and stronger and has attained greater knowledge and insight. I have noticed that Ms. Jones desires to win each case with integrity. She cares about her client’s welfare at all times. Ms. Jones’ best quality as an attorney is her ability to take charge. I have recommended Ms. Jones to my friends and co-workers.”

Roswell

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April settled my case literally out in the courthouse hallway.

“April settled my case literally out in the courthouse hallway.I had a landlord that failed to make promised repairs to my apartment. I was paying for a two bedroom,two bathroom place but only one bathroom worked. He said he would repair it when I moved in but 7 months went by and he was still making excuses. He lived in hawaii, the apartment was in california and he used that as his excuse. I decided to stop paying him until he fixed the bathroom I had BEEN paying for. After 3 months of that he arrived at my apartment and decided to take me to court rather than fix the bathroom and collect back rent which I had been holding onto. April negotiated a deal before we went into court for an immediate cash payment for 1 month and I could take a week to move out. My landlord accepted and a possible unlawful detainer ruling was avoided. I was able to use the 2 months rent I still had to find another apartment which would have been much harder to do with a unlawful detainer on my record.”

Alan

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April is very knowledgeable of the law and will not let you down.

“I cannot be more happy with the April Jones Law Firm! I hired her in 2012 for disputes over child support and other items, we had to go to court 3 times on separate matters and every time we were successful. April is very knowledgeable of the law and will not let you down. If I ever need a family law attorney I will call April Jones.”

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