Are you contemplating a major change in your relationship but feeling unsure whether divorce or legal separation is the right path? Understanding the key differences between these options can help you make the choice that best aligns with your needs and priorities.
This guide breaks down the key differences between divorce and legal separation, helping you understand how each could affect your family, finances, and future. If you’re in Colorado, here’s what you need to know.
What Is a Legal Separation?
A legal separation is a formal process where a couple remains married but lives separately. This involves going to court and obtaining a legal agreement that outlines the rights and responsibilities of each person—similar to a divorce but without ending the marriage.
Why Consider Legal Separation?
- Preserve Marital Status: Some couples want to uphold their marriage for religious or personal reasons while still living independently.
- Insurance and Financial Benefits: Legal separation allows spouses to maintain access to benefits like shared health insurance or tax advantages.
- Time to Decide: If one or both partners feel uncertain about divorce, legal separation can provide the breathing room to evaluate the long-term future of the relationship.
Legal separation can feel like a middle ground for couples not ready to make a permanent decision, but it requires a significant legal commitment.
What Is Divorce?
Divorce is the legal termination of a marriage. It permanently dissolves the marital union and legally divides assets, custody, and other shared responsibilities.
Why Choose Divorce?
- Closure: Unlike legal separation, divorce provides finality, allowing both parties to move forward unambiguously.
- Freedom to Remarry: A divorce legally frees individuals to marry someone else in the future.
- Simplified Future Finances: Divorce ensures a clean break by dividing financial assets and debts permanently.
Divorce typically requires more emotional and mental preparation, but for many couples, it represents a necessary step toward newfound stability and independence.
Key Differences Between Divorce and Legal Separation
Understanding the critical distinctions between these two options can clarify which choice better suits your situation.
| Key Differences | Legal Separation | Divorce |
|---|---|---|
| Marital Status | Still legally married | Legally ends the marriage |
| Financial Ties | Spouses remain connected through benefits like insurance | Financial ties are fully dissolved |
| Future Flexibility | Can lead to reconciliation or divorce later | Final and permanent legal separation |
| Cost and Process | Similar to divorce, but does not require termination of marriage | Full legal process to dissolve the marriage |
It’s essential to weigh each factor carefully when deciding which route to take. Each couple’s circumstances are unique, and what works best for one may not necessarily work for another.
Legal Considerations in Colorado
If you’re in Colorado, the process for both legal separation and divorce involves filing with the court and meeting residency requirements. Here are some factors specific to Colorado law to keep in mind:
Residency Requirements
To file for divorce or legal separation in Colorado, one spouse must have lived in the state for at least 91 days before filing.
Waiting Period
Both divorce and legal separation in Colorado require a minimum waiting period of 91 days after filing before the court issues a final decree.
Child Custody and Support Agreements
Whether you choose divorce or legal separation, Colorado courts prioritize the welfare of any children involved. Parenting responsibilities and child support agreements will need to be established for either scenario.
Equitable Distribution of Assets
Colorado is an equitable distribution state, which means marital assets and debts are divided fairly but not necessarily equally.
Do You Have to Choose One or the Other?
Not necessarily. Many couples pursue legal separation as a step toward divorce. This approach allows them to adjust to living apart while still preserving certain legal or financial ties temporarily. If the separation works well, they may opt to stay separated indefinitely or transition to a divorce later. Keep in mind, though, that legal separation is not a trial period—it’s a legally binding status that requires a court filing to reverse or convert.
FAQs About Divorce and Legal Separation
Can I Switch From Legal Separation to Divorce Later?
Yes. If you begin with a legal separation but decide to proceed with a divorce later, the transition is typically straightforward and involves simply filing a motion to convert the legal separation to a divorce.
Which Option Is Faster?
Both processes can take a similar amount of time. The 91-day waiting period applies to both divorce and legal separation in Colorado.
Can We Reconcile After a Legal Separation?
Yes. Legal separation allows couples to remain married, so reconciliation is possible without additional steps beyond dismissing the separation agreement.
Does Legal Separation Require a Court Process?
Yes. Similar to divorce, legal separation requires filing with the court, a very similar process as divorce in terms of exchanging mandatory financial disclosures and, when an agreement is reached, the judge will review the terms of that agreement.
Will a Legal Separation Affect My Ability to Remarry?
Yes. Since you remain legally married, you cannot remarry until you obtain a divorce.
What’s the Right Choice for You?
The decision to pursue divorce or legal separation is deeply personal and depends on your unique circumstances. Ask yourself questions like:
- Do I need the benefits (insurance, financial) of remaining legally married?
- Am I looking for time and space to evaluate my relationship?
- Is my spouse willing to consider a legal separation instead of a divorce?
- Do I want permanent closure so I can move forward with my life?
If you’re still unsure, that’s okay. Speaking to divorce lawyer Marie Drake and her team, who have detailed knowledge of Colorado’s legal process, can provide you with essential clarity and guidance.
Take the Next Step Toward Clarity
At The Drake Law Firm, we understand how complex and emotional this decision can be. Whether you’re leaning toward a divorce or legal separation, we’re here to help you explore your options and make an informed decision that protects your interests and supports your long-term goals.
Schedule a confidential consultation today. Together, we’ll take the next step toward a secure and peaceful future.