Divorce and Legal Separation in Colorado

Divorce and Legal Separation Are Two Paths Through the Same Process

Colorado law calls divorce a dissolution of marriage. When the court enters a decree of dissolution, the marriage ends and both spouses are free to remarry.

A legal separation uses the same court process and resolves the same issues. The court divides property and debts, enters parenting orders if there are children, and decides support. The difference is the last page. A decree of legal separation leaves you legally married. You live separate lives under court orders, but neither spouse can remarry.

Why would anyone choose separation over divorce? Common reasons include religious or personal beliefs, the hope that time apart may help, and certain insurance or benefit considerations. A word of caution on that last one. Some health plans treat a legal separation the same way they treat a divorce and end a spouse's coverage anyway, so the plan documents need to be checked before you rely on that reason.

Legal separation is not a locked door. Under C.R.S. 14-10-120, once 182 days have passed after the decree of legal separation, either spouse may ask the court to convert it into a decree of dissolution. The court grants that request on motion with notice to the other spouse. No new grounds and no new trial are required.

One more piece of good news. Colorado is a no-fault state. Under C.R.S. 14-10-106, the only ground for dissolution is that the marriage is irretrievably broken, which simply means it cannot be repaired. Nobody has to prove the other spouse did something wrong, and blame is not the point of the case.

Residency and the 91-Day Waiting Period

Two separate 91-day rules apply, and people often mix them up. Both come from C.R.S. 14-10-106.

• Residency before filing. At least one spouse must have been domiciled in Colorado for 91 days before the petition is filed. Domiciled is the legal word for living here with the intent to stay. Members of the military stationed in Colorado can count their time here toward this requirement.
• The waiting period after filing. The court cannot enter a decree until at least 91 days after it acquires jurisdiction over the responding spouse. That clock usually starts when the other spouse is served, signs a waiver, or joins the petition as a co-petitioner. This waiting period cannot be waived, even when both spouses agree on everything.

Think of the 91-day waiting period as a floor, not a promise. A fully agreed case can be ready for a decree soon after day 91. A contested case involving property disputes or parenting disagreements often takes months longer. The same residency and waiting rules apply to legal separation.

The Process, from Petition Through Permanent Orders

Every case is different, but the road map is fairly consistent across Colorado.

1. Filing the petition

The case begins with a petition for dissolution of marriage or legal separation. Spouses who are on the same page can file together as co-petitioners. Otherwise, one spouse files and the other must be formally served with the papers.

2. Service and response

A spouse served inside Colorado has 21 days to file a response. A spouse served outside the state, or by publication, has 35 days. Missing that deadline can allow the case to move forward without your input, so it should be taken seriously.

3. The initial status conference

Most courts set an initial status conference, generally within about 42 days of filing. It is a scheduling meeting, not a trial. The court checks on deadlines, disclosures, and what issues actually need to be decided.

4. Financial disclosures

Colorado Rule of Civil Procedure 16.2 requires both spouses to exchange a sworn financial statement and supporting documents, generally within 42 days of service or filing. This is a duty of full and honest disclosure of income, property, and debts. It applies to both sides automatically, without anyone having to ask.

5. Temporary orders, if needed

While the case is pending, either spouse can ask the court for temporary orders covering things like who pays which bills, where the children live for now, and short-term support. Temporary orders keep life stable until the final decisions are made.

6. Settlement, mediation, and permanent orders

Most cases settle. Spouses who reach agreement put its terms in a separation agreement the court reviews and adopts. Most Colorado courts require mediation before they will hold a contested hearing. Issues that remain are decided at a final hearing called permanent orders, and the decree enters there or once the waiting period has run.

Property Division Is Equitable, Which Means Fair, Not Automatically Equal

Colorado divides property under a rule called equitable distribution, found in C.R.S. 14-10-113. Equitable means fair in light of all the circumstances. Many divisions land near an even split, but the court is not required to divide everything 50/50.

The first step is sorting property into two buckets.

• Marital property is generally everything either spouse acquired during the marriage, no matter whose name is on the title. Homes, retirement accounts, vehicles, businesses, and debts can all be marital.
• Separate property generally includes what a spouse owned before the marriage, plus gifts and inheritances received individually, and property excluded by a valid agreement such as a prenup. Separate property stays with its owner.

There is an important twist. Under Colorado law, the increase in value of separate property during the marriage is treated as marital property. If an inherited account grew during the marriage, the growth is usually on the table even though the original inheritance is not.

In deciding what is fair, the court weighs factors that include each spouse's contribution to the marital estate, including work as a homemaker, the value of the separate property each spouse keeps, each spouse's economic circumstances at the time of division, and any increase, decrease, or depletion of separate property during the marriage. The court divides property without regard to marital misconduct, which fits Colorado's no-fault approach. The question is fairness, not blame.

Talk with Us Before You Decide Anything

Whether divorce or legal separation is the better path depends on your goals, your finances, and your family. If you are weighing that decision, we can walk you through how Colorado law applies to your situation and what each path would mean for you. Reach out to us to start the conversation.