What Are the Three Types of Legal Separation in Denver, Colorado?

As with any relationship, some marriages run their course, and the couple chooses to separate. This could be caused by changes in personality, job stress, disagreements over parenting, and more. Ending a marriage is a major decision for most couples because it requires separating every part of your life, including insurance, taxes, and personal relationships. While it is familiar, divorce is not always the right option. An experienced family law attorney can help you determine if legal separation, which is when your relationship ends, but you remain legally married, is right for you.

What Is Legal Separation?

Some couples may need to remain married, even though they are no longer in a romantic relationship with their spouse, because they may lose insurance benefits otherwise, to have a lower tax rate, or for religious reasons. This can be accomplished through legal separation. You will follow the same process as a divorce and agree on terms for property division, child support, and more, but the legal relationship will not be ended.

Three Types of Separation in Denver, Colorado

Married couples often encounter challenges such as infidelity, money trouble, or religious disagreements. When these challenges appear, a couple may consider ending their marriage because they no longer want to be in a relationship with their spouse. In Colorado, there are three options for separation.

• Trial Separation: When a couple is considering ending their marriage relationship, they may not want to jump immediately to a legal separation or divorce. There may be problems that need to be resolved, such as rebuilding trust after infidelity or gauging whether they can be financially stable outside their marriage. A trial separation, where the couple lives apart for a while, may help them determine the right way to move forward.
• Legal Separation: Some couples want to end their personal or romantic relationship but still want to remain legally married. Legal separation follows the same process as a divorce, establishes agreements over things like child support, and can be completed in as little as three months. If a couple has differing religious beliefs, needs to keep insurance benefits, or does not want to impact their taxes as severely, they may choose a legal separation to end their relationship but not their legal marriage.
• Divorce: This is likely the most familiar path for most couples who are choosing to end their marriage. During a divorce, the couple will agree on terms for the care of any children, whether spousal support will be granted, and how their assets will be divided. Once this process is complete, they will finalize the divorce, and their marriage will be legally ended.

What You Need for a Legal Separation

When you file for legal separation, the process will be nearly identical to a divorce. The following steps are necessary.

1. Determine how your assets will be divided, if spousal support will be paid, how any children will be cared for, and any other issues you need to resolve.
2. File the petition for legal separation, listing a reason for the separation. Colorado is a no-fault state, so this could be as simple as stating that your marriage is irretrievably broken.
3. Wait for at least ninety days for your petition to be seen by a judge and then granted.

FAQs

Contact Kinnett & Cordes

When your marriage is no longer working, you may look for opportunities to end the relationship. Divorce is the most familiar way to legally end your marriage, but that is not always the right option. Some couples need to remain legally married so that they do not lose insurance coverage or so that they can keep an inheritance. In these circumstances, they can end the relationship but remain legally married through a legal separation. The team at Kinnett & Cordes, can help you determine if legal separation is right for you, resolve any issues related to custody or support, and finalize your separation. Contact us today for assistance.