Denver Divorce Lawyer

What is the Difference Between Divorce and Separation?

There are a few core differences between divorce and legal separation. Divorce is a formalized and final process that dissolves any legal spousal partnership between married individuals. Note that to petition for divorce, either spouse must live in Colorado for at least 91 days before filing and should cite the reason (or no-fault) for divorce. From there, the spouses will engage in several methods to negotiate a final divorce settlement dividing all their property, assets, and time with children. After the divorce is finalized, the marriage is terminated and the couple is no longer married.

With legal separation however, the couple will still technically be married. Individuals or couples that feel they can no longer live with a spouse but who feel they are not ready for the finality of a divorce case, perhaps because of moral, religious, or financial reasons or because of how it may impact their children, may elect to pursue legal separation. In this scenario, the parties are not free to divorce unless they change the legal separation into a divorce. Some separating couples choose this option because although the individuals may not remarry other people, they will still be eligible for their spouses’ insurance. 

To get started on your FREE case evaluation, contact our Denver divorce lawyers onlineor at (720) 408-7726today.

How Are Divorce and Separation Similar in Colorado?

Legal separation is similar to divorce in that spouses will no longer live together or act as a married couple, but they will remain legally married. As with filing for the divorce process, to petition for separation at least one spouse must meet Colorado’s 91-day residency requirement.

Legal separation will also require spouses to create a separation agreement that covers:

•  Property division
• Child custody and visitation
• Financial concerns like maintaining spousal health insurance, for example

Like a decree of divorce, a decree of separation will absolve either party of legal and financial responsibility for the other (including child support, debt, taxes, etc.). However, the marriage has not been terminated and the individuals may not remarry other people.

How to Get a Legal Separation

If you decide that legal separation is right for you, it can be obtained by filing an action alleging that the marriage has been irretrievably broken since Colorado is a no-fault state. These are the same grounds for divorce in the state.

You are not required to have an attorney represent you for separation in the state, but with the long-term consequences, it is important to connect with a divorce attorney in Denver for assistance through the process. 

Do I Have to Be Legally Separated Before Getting a Divorce in Colorado?

In Colorado, you do not need to undergo legal separation before filing for divorce. Legal separation in Denver is a reasonable option for couples who are still living together with higher than normal tensions at home. To learn more about the Denver legal separation process or to ensure that the actions taken do not have negative ramifications in the long haul, contact a divorce lawyer in Denver, Colorado. 

Is Colorado a 50/50 State in a Divorce?

Colorado is not a 50/50 or "community property" state, though it is an "equitable division" state. Equitable division indicates any property divided by the court that is considered fair to both parties but not entirely equal if both spouses cannot come to a resolution on their own.

Learn more about property division in Colorado here.

Dispute Resolution Methods

Divorcing or separating couples have a few methods to resolving their disputes over property division, child custody, and other financial concerns. For one, they could pursue mediation. 

Mediation for Affordable Divorce Agreements 

For couples divorcing amicably, mediation is often the best and most affordable solution. Each party and their lawyers will meet with a neutral mediator to resolve issues or disputes to create a divorce agreement that satisfies both parties. This can hasten the divorce process immeasurably and help to preserve positive relations between divorcing spouses and children. 

Mediation also allows the partners significant decision-making power rather than defaulting to a judge. The mediator’s role is merely to facilitate productive discussion and resolution, not to make any decisions.

Arbitration Services in a Divorce

If mediation does not work, binding arbitration is another option to avoid going to Colorado court and making disputes a matter of public record. As with mediation, a neutral third party (the arbitrator) will hear both sides of the issue and try to help the couple come to an agreeable outcome. This is often much quicker than waiting for a court hearing, which could take months. 

The major difference between arbitration and mediation is that the arbitrator has the power to make the final decision. The final decision established by the arbitrator is legally binding, so if one or both parties disagree, they have no recourse to fight the decision.

Divorce Litigation in Denver

The most protracted and expensive option to settle a divorce or separation is litigation. This is a last resort for couples who cannot come to an agreement through mediation and refuse to submit to binding arbitration. In this case, the spouses definitely want the guidance and services of a reputable and experienced divorce attorney in Denver like our team at Curtis Law Firm who know the ins and outs of Colorado’s divorce system.

Call Curtis Law Firm at (720) 408-7726 to Discuss Your Situation

Looking ahead at divorce or separation proceedings in Denver, CO? Let Curtis Law Firm streamline the legal process for you. We can help you determine whether divorce or legal separation is best for your situation, as well as clarify any concerns you have about either process. We will also help you navigate your divorce negotiations, whether that be mediation, arbitration, or litigation. Contact our experienced divorce lawyers in Denver, CO to schedule a consultation.