Divorce and Legal Separation in Colorado

Summary:  Divorce and Legal Separation are legal processes which must be based on the law. That is why you need legal advice from an attorney who is active in our courts. Years ago, a legal separation was a popular alternative to a divorce. The reason is that most employer-paid health insurance plans would cover a legally-separate spouse. However, today most insurance plans will no longer cover the legally-separated spouse. Therefore, today there is little incentive to do a legal separation.

Divorce & Legal Separation in Colorado

Married couples who decide to split up, proceed with either a divorce or a legal separation.

Divorce

Divorce is a legal proceeding where a marriage is dissolved.

The end result is that all legal ties are terminated, except for any parenting orders and any maintenance (alimony) orders. Neither husband nor wife has any legal obligations to the other. Neither have any rights of inheritance. Normally they no longer own property together. They are not liable for the other person’s debts which are incurred after the divorce decree.

If you have minor children, a co-parenting schedule is required to be in your court orders.  As well as child support and the provision of health insurance.

Divorced couples are free to marry again.

Because it is a legal process, you must have legal information as to what the law provides is a fair result in your case.  That is why you need advice from a Colorado attorney who is actively doing family law cases in Colorado courts.

Usually, you should attempt to begin and end the process with mediation.

Legal Separation

A legal separation involves the same legal process and almost the same legal result as a divorce. Except that the parties are still legally married.

Years ago, legal separation was a popular alternative to divorce because employer- provided insurance can still cover both parties and the children, even if they are legally separated. That used to include insurance that was provided by federal and military employment.

However, today most employer-provided health insurance plans do not allow a legally-separated spouse to be covered.  Particularly if the husband and wife do not live together.

Therefore, today in most cases there is no financial incentive for either party to do a legal separation.