Legal Separation Attorney

The attorneys at Philip Goldberg PC represent clients seeking a legal separation in Colorado. An experienced attorney will guide you every step of the way to help ensure the best possible outcome in your case. Schedule a consultation.

Legal Separation in Colorado

A legal separation is a process that allows a married couple to separate their assets and debts and obtain parenting orders without going through a legal divorce.

The requirements for a legal separation are similar to a dissolution of marriage. The primary difference in the outcome is that the parents are still married under the law.

We work with clients seeking a legal separation in Colorado. Our attorneys will guide you through the separation process.

Legal Separation Process

Either party may file for a legal separation. In Colorado, either party may file for divorce. The filing party is the “Petitioner,” and the other is the “Respondent.” If the spouses file jointly, they are “Co-Petitioners.”

To begin the process, one or both parties must file the Petition in the district court where the spouses reside. If the parties do not file together, the Petitioner must serve the Respondent with the Petition. The court will follow similar steps as in a dissolution of marriage. However, the final decree does not legally dissolve the marriage.

The court will enter orders on issues such as the allocation of assets and debts, spousal maintenance, child custody, and child support, allowing the couples to live separate lives without legally dissolving their marriage.

  • Inifiafing the Legal Separation – One or both parties files a petition for legal separation with the court.

  • Initial Status Conference – A meeting with the judge or family court facilitator within 42 days of serving the petition.

  • Disclosures – The parties have 42 days to exchange and file financial information.
  • Temporary Orders – The court may hold a hearing to enter temporary orders on issues such as temporary parental rights and spousal support.

  • Mediation – the parties meet with a mediator to try to amicably resolve any disputed issues

  • Permanent Orders – The court may hold a hearing to enter final orders on all issues including division of marital property and debts, child custody, and spousal support.
  • Decree of Legal Separation – The court enters the Decree of Legal Separation.
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What Does A Legal Separation Do?

In a legal separation, the court will enter orders on the allocation of assets and debts, spousal maintenance, child custody, and child support. However, a legal separation does not legally dissolve the marriage. Neither party may remarry.

The spouses may retain certain rights, such as eligibility to receive military benefits, rights to inheritance, and eligibility for health insurance coverage from their spouses.

If you are considering a legal separation, talk with an experienced family law attorney to ensure you understand your rights. The attorneys at Philip Goldberg PC offer expert guidance for clients considering a legal separation.

Legal Separation FAQs

What Are the Benefits of a Separation?

There are many reasons people choose to file for a legal separation instead of a divorce. For example, a couple may legally separate based on religious beliefs that do not condone divorce. A couple may wish to continue certain financial benefits, such as receiving health insurance coverage or qualification for increased social security benefits based on the length of the marriage.

Yes. In Colorado, either party may file for legal separation. Colorado is a no-fault state, which means neither party must prove fault to file for divorce or legal separation. The court treats the legal separation process similar to the divorce process.

Subject to certain requirements, either party may file a motion to convert the legal separation to a dissolution of marriage.

Experienced Legal Representation from Philip Goldberg PC

The attorneys at Philip Goldberg are experienced family law attorneys who represent clients in legal separations. We offer clear guidance to help you make confident and informed decisions about your future.

We have extensive experience handling cases involving annulments, divorce, legal separation, and child custody.

Contact Philip Goldberg PC to schedule a consultation to discuss whether a legal separation is the right step for you.