A legal separation does not terminate the legal status of marriage, but acts to finally separate the finances of the parties. The process for obtaining a legal separation is very similar to the divorce process. Property and debts are usually divided, child support and spousal support can be awarded, and child custody matters can be determined. Parties cannot remarry after a legal separation. A legal separation can later be converted to a divorce at the request of either party even have one of the parties does not want it; however after a Decree of Legal Separation is issued, both parties must wait 6 months before a Decree of Legal Separation can be converted to a divorce.
Colorado Courts must wait 90 days after the Responding party is served with the divorce papers (or if the parties file the divorce petition together as Co-Petitioners, 90 days after the Co-Petition for divorce is filed) before issuing a Decree of dissolution or legal separation. However, the dockets in many local courts are very congested at this time, and if the matter is contested and hearings are required to decide issues, the process often takes much longer.
Lynn Landis-Brown is a Family Lawyer in Colorado Springs, Colorado, where she founded Lynn Landis-Brown P.C. She listens compassionately and understands your legal, emotional and financial concerns due to her own experiences of divorce from her parents divorcing, her own divorce and now as a step-grandmother. With her background in litigations, she has great experiences with fighting for your rights in the courtroom.
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