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Legal Separation in Colorado A legal separation is when a couple divides assets and lives separately, but they are technically still married in the eyes of the law. Legal separation is not the same as if you and your spouse decide on your own to split assets and live apart.
Couples do not have to be legally separated before filing for divorce in Colorado, and in fact, some divorces are started while the parties are still living together. If tensions are running high in the home, we often recommend that one of the parties move out while the divorce is pending.
Couples do not have to be legally separated before filing for divorce in Colorado, and in fact, some divorces are started while the parties are still living together. If tensions are running high in the home, we often recommend that one of the parties move out while the divorce is pending.
It is important to know that in Colorado, there is no difference between a legal separation and and a divorce, other than the parties remain married after the Decree of Legal Separation is entered.
Colorado is a no-fault divorce state which means that the court doesnt require either spouse to point fingers at the other to prove the marriage is over. The same rules apply for a legal separation.
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Its a Faster Decision The court decisions made in a legal separation are made almost immediately, while the details of a divorce can be drawn out for months or even years. The decisions made may not be ideal for either person, but it does provide a vantage point so that each person can move forward.
Anything you owned before your marriage will remain separate property, unless you commingled the asset during the marriage. If you combined your bank accounts into a joint account with your spouse, for example, you commingled this asset and turned your separate property into marital property.
While a divorce legally dissolves the marriage, a legal separation is a court order that mandates the rights and duties of the couple while they are still married but living apart.
You must wait at least 182 days from the date your legal separation was finalized by the court (when the Decree of Legal Separation was entered) before you can file paperwork to change the legal separation to a divorce.
The biggest difference between separation and divorce is that a separation leaves a marriage legally intact while a divorce terminates the marriage. Divorce is permanent, and a divorce order is extremely difficult to appeal.

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