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Do you need a legal separation before a divorce?

| Dec 27, 2019 | Firm News

Ending a marriage is no easy task. Divorce can be emotionally challenging, and you may feel like ripping off the band-aid is the best strategy. How quickly you complete ultimately depends on how complicated the marriage is as far as property, children, and more.

You know there are requirements to qualify for a Colorado divorce and these establish a minimum length for the completion of the process. One of those factors that can extend the process is the legal separation.

How does legal separation in Colorado work?

Much like divorce, you or your spouse must live in Colorado for three months before filing for legal separation. You and your spouse can file together in the county you live in. Similarly, you may also file individually if your spouse declines to file jointly.

A separation requires you and your spouse wait six months from the date the court issues the decree of separation to turn around and file for divorce. This is an opportunity to either work through marital problems or get your affairs for a divorce.

You will have correspondence related to your separation with the court. This will require regular and timely responses to increase your chances for a smoother separation.

Following the steps

It’s not uncommon for people to have questions about things like paperwork and deadlines during a separation. While Colorado does not require you to have a legal separation for divorce, it does allow you the chance to prepare for divorce or reconcile your differences.

Regardless of your intentions during your separation, it’s important to make sure that you don’t miss anything so you don’t unnecessarily prolong the process.