Considering legal separation? Our experienced Denver legal separation attorneys at Jones Law Firm, PC are here to help you protect your rights, assets, and family every step of the way.
“We believe every family deserves honest answers and a clear path forward, no matter how complex or emotional your situation may be.”
— April D. Jones, Founder and CEO
What is Legal Separation in Colorado?
Legal separation in Colorado, governed by C.R.S. § 14‑10‑106, is a formal court process that allows married couples to resolve issues such as property division, parenting responsibilities, child support, and spousal maintenance while remaining legally married. Unlike divorce, spouses retain their marital status and cannot remarry unless they later pursue a divorce.
Informal arrangements, sometimes called “physical” or “trial” separation, do not provide legal protections and may not be enforceable. Only a court-ordered legal separation creates binding orders regarding finances, parenting, and property.
If you’re unsure whether legal separation is right for you, our Denver attorneys can help you understand your options and guide you through the process.
Legal Separation vs. Divorce in Colorado
In Colorado, the key difference is that legal separation does not end your marriage; you remain legally married and cannot remarry unless you later divorce.
Both legal separation and divorce in Colorado involve:
- Financial Disclosures
- Division of marital property and debts
- Decisions about child custody and support
- Possible spousal maintenance (alimony)
- Court orders that are legally binding
However, there are important differences when it comes to marital status, benefits, inheritance, and taxes:
| Legal Separation | Divorce | |
| Marital Status | Still legally married | Marriage legally ended |
| Can I remarry? | No | Yes |
| Property Division | Yes (equitable, per Colorado law) | Yes (equitable, per Colorado law) |
| Spousal Support | Possible | Possible |
| Child Support/Parenting | Required parenting plan & support | Required parenting plan & support |
| Health/Retirement Benefits | May retain some benefits (plan-dependent) | Usually lose spousal benefits |
| Inheritance Rights | Usually retained | Typically lost |
| Tax Filing | May file jointly or as married | Must file as single or head of household |
Why Choose Jones Law Firm, PC for Your Legal Separation?
When facing a major decision like legal separation, you need more than paperwork. We provide personalized strategies, clear communication, and strong support for Denver and Colorado families.
Here’s what you get when you work with us:
- A tailored approach where your goals and concerns lead the way.
- Direct access to a team of attorneys, paralegals, and specialists who collaborate on your behalf
- Responsive, compassionate communication, answers when you need them most
- Local experience in Colorado separation laws and Denver court procedures
- Guidance that balances practical solutions with empathy and respect
“We don’t believe in cookie-cutter answers. Every family is unique, and our job is to help you move forward with clarity and confidence, whatever your circumstances.”
— April D. Jones, Founder and CEO
What to Expect in Your Free Consultation
Your first step is a free, confidential consultation with an experienced Denver legal separation attorney. Here’s what to expect:
- Personalized attention: We listen, answer your questions, and explain your legal options.
- Clear next steps: We outline the legal separation process and what comes next.
- What to bring: Any information about your marriage, finances, or court documents. If you don’t have them, we’ll guide you.
- Confidentiality: Everything you share is private, and you’ll be treated with respect.
We aim to make you feel supported and empowered from the start.
The Colorado Legal Separation Process: Step-by-Step Guide
Eligibility & Prerequisites
To file for legal separation in Colorado, one spouse must have lived in the state for at least 91 days. The marriage must be “irretrievably broken.” For cases with children, they must have lived in Colorado at least 182 days or since birth, if younger, for the court to make custody decisions.
Filing for Legal Separation
The process starts by filing a petition for legal separation (Form JDF 1011) in the appropriate Colorado court:
- Complete and file the petition and required forms.
- If filing individually, serve your spouse to notify them.
- Attend the court’s initial status conference.
- Exchange financial disclosures and participate in mediation if needed.
To access official forms, visit the Colorado Judicial Branch self-help website.
The 91-Day Minimum Waiting Period
Under Colorado law, a mandatory 91-day waiting period applies once the court obtains jurisdiction, either from the date the petition is served or when both spouses file jointly. During this period, the court may not issue a final decree. This interval allows both parties time to consider their decisions and work toward potential agreements.
Orders for Property, Parenting, Support, and Maintenance
During the legal separation process, the court will issue orders regarding:
- Property and Debt: Colorado follows equitable distribution (C.R.S. § 14‑10‑113), dividing marital assets and debts fairly, though not always equally.
- Spousal Maintenance (Alimony): The court may award maintenance based on financial need and other factors (C.R.S. § 14‑10‑114).
- Child Support: Calculated using state guidelines (C.R.S. § 14‑10‑115).
- Parenting Plans: The court will approve or establish a plan outlining custody, parenting time, and decision-making responsibilities.
Final Decree & Living Legally Separated
Once the court issues the final decree of legal separation, you and your spouse are legally separated. You will live separate financial and personal lives, with all property, support, and parenting orders in effect. However, you remain legally married and cannot remarry unless you later obtain a divorce.
Converting Legal Separation to Divorce
In Colorado, you can convert a legal separation into a divorce. Under C.R.S. § 14‑10‑120(2), either spouse may request conversion after at least 182 days; approximately six months from the date the legal separation decree was issued.
Steps to Convert Legal Separation to Divorce:
- Wait 182 days from the legal separation decree.
- File a motion to convert using Form JDF 1321 in the same court.
- Serve notice to your spouse if required.
- The court will issue a divorce decree. Additional hearings are generally unnecessary unless new disputes arise.
What Changes:
- Your marital status becomes divorced, allowing remarriage.
- Property, support, and parenting orders from the legal separation generally remain unless modified.
What Remains the Same:
- Agreements and court orders from the legal separation continue unless formally changed by the court.
Key Benefits and Limitations of Legal Separation in Colorado
Legal separation can offer several important benefits for Colorado couples who are not ready or do not wish to divorce:
Benefits:
- Retain Certain Benefits: Health insurance, retirement, or Social Security benefits may continue (plan rules vary).
- Inheritance Rights: Legally separated spouses often retain inheritance rights.
- Insurance and Tax Flexibility: Couples may file taxes jointly or maintain “married” status for certain purposes.
- Emotional and Religious Considerations: Legal separation may suit personal, cultural, or religious reasons.
- Clarity and Protection: Court orders define financial responsibilities, parenting, and property rights, reducing future disputes.
Limitations:
- Cannot Remarry: You remain legally married until a divorce is finalized.
- Benefit Eligibility May Vary: Not all plans cover legally separated spouses, always check with administrators.
- Probate and Tax Differences: Some rules treat separation differently than divorce; federal tax status and inheritance rights may vary.
Our attorneys can help you understand the benefits and implications of legal separation in Colorado for your unique circumstances.
Frequently Asked Questions
Legal separation resolves property, support, and parenting issues while spouses remain legally married and cannot remarry. Divorce legally ends the marriage and allows both parties to remarry.
There is no required “trial separation” before divorce. After a legal separation, you must wait at least 182 days (six months) to convert it to a divorce.
Yes. If a decree is entered, either spouse can convert a legal separation to a divorce after 182 days by filing a motion with the court. The process is typically straightforward and rarely requires a new hearing. If a decree is not yet entered, either party can convert the legal separation to a divorce case at any time.
The court divides marital property and debts equitably, as in a divorce, and clearly defines each spouse’s rights and obligations.
Health insurance eligibility depends on the plan you are on. Legally separated spouses may retain inheritance rights, and tax status may vary. Consult your plan administrator or a tax professional for guidance.
Yes. The court can order spousal maintenance (alimony) and child support under Colorado law, just as in a divorce.
Legal separation may suit couples seeking court-ordered structure without divorce, for emotional, religious, or financial reasons. Our attorneys can help you evaluate your options.
Bring documents regarding your marriage, finances, and children. If unsure, our team will guide you on what’s needed.
Your case benefits from our full team of attorneys, paralegals, and specialists, ensuring comprehensive strategy and support.
Additional Resources & Related Services
Looking for more information or support with related family law matters? Explore our full range of services:
- Divorce in Colorado
- Alimony & Spousal Maintenance
- Child Custody & Parenting Plan
- Property Division
- Mediation & Alternative Dispute Resolution
- Modifications of Orders
- Protection Orders & Domestic Violence
Legal Disclaimers & Compliance
The information provided on this page is for general informational purposes only and should not be considered legal, tax, or financial advice. For advice specific to your circumstances, please consult with a qualified attorney, tax professional, or plan administrator.
