In Colorado, a person seeking to legally sever ties from his or her spouse can either file for a Dissolution of Marriage (Divorce) or Legal Separation. What’s the difference?
The procedures you follow are the same. Divorce and Legal Separation both legally separate your financial ties to your spouse. If you have minor children, the court will decide parental responsibilities (parenting time, decision-making, and child support). The key difference is that you are still married. Reasons to choose a Legal Separation instead of a Divorce can include staying on the same insurance, collecting a pension, or religious reasons. But, since you are still married, neither you or your spouse can get remarried.
A Legal Separation can be changed into a Divorce. Six months after a decree of Legal Separation has been entered, either party may petition for a Divorce and the Court is required to grant the petition to convert the Legal Separation to a Dissolution of Marriage. Have a question about whether Divorce or Legal Separation is right for your situation?
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