When it comes time to end the marriage, many couples choose to separate before divorce. Sometimes, that can lead to reconciliation. For others, it is the start of the legal process.
How long do you have to be separated before divorce in Colorado?
We will look at Colorado’s divorce laws, separation requirements, and the steps to take if you are considering divorce in the Centennial State.
Separation in the Centennial State
While there is not a legal requirement for separation, many couples still decide to proceed with this step. There are several types of legal separation in the state, such as:
Trial Separation
Some couples choose to separate on informal terms. With this, they can decide whether they want to proceed with a divorce. During this time, they can assess their feelings, live independently, and seek counseling or mediation.
Legal Separation
Colorado offers an option for legal separation. However, this is slightly different from divorce. With this option, couples can live apart while remaining legally married. Throughout this process, the court can address property division, spousal maintenance, and child custody issues, just as it would in a divorce.
Why would a couple choose this option? Sometimes, legal separation might be chosen for religious reasons or financial considerations. If one or both spouses are not ready to divorce but want to formalize their separation, this is another avenue to pursue.
For those couples who are legally separated, they can convert their separation into a divorce at a later date. Many times, this can be done without any additional legal proceedings.
The Separation Period in Colorado
Unlike some states that require couples to live apart for a specific period before filing for divorce, this is not a requirement in Colorado. With that, couples can start the divorce process without any formal separation period.
While there is no mandatory separation, couples often choose to live apart before or during the divorce process. During this time, both parties can get a clear picture of their financial and personal circumstances. All that can help with reaching an agreement for property division, child custody, and spousal support.
While a separation period is not required, but the state has other requirements.
Residency in Colorado
To file for a divorce in Colorado, one of the spouses must meet the residency requirements. With that, at least one spouse must have lived in Colorado for a minimum of 90 days before filing the paperwork. This residency requirement ensures that Colorado courts have jurisdiction over the divorce proceedings.
Is There a Waiting Period?
While Colorado does not require a separation period before filing for divorce, there is a mandatory waiting period. However, this period deals with the finalization of the divorce.
After filing, there is a mandatory 90-day waiting period before the court can issue a final divorce decree. Even if both parties agree to the settlement terms, it still applies.
Does a Separation Period Exist in Colorado?
How long do you have to be separated before divorce in Colorado? While there is no formal set amount of time, many couples do informally separate. During that time, they can make decisions on child custody, spousal support, and asset division. Remember that Colorado still has a mandatory waiting period to finalize the divorce. You might have to wait, no matter whether you and your spouse are ready to end the marriage.
If you are ready to take the next step or want to learn more about your divorce options, contact the legal team at Choice City Family Law. Our attorneys are always here to help guide you through the process. Contact us today to schedule a consultation.
