Should You Get A Legal Separation in Colorado?

Use this checklist to see what is best for you.

 Road with yellow line It’s common to think about legal separation instead of divorce.  Divorce seems so harsh, but legal separation somehow seems softer.  This is particularly the case when you want to have a more amicable divorce.  We are very much in support of that, our goal is always to reach agreement through mediation or collaboration.  However, there are costs and benefits for filing for separation instead of divorce.

Make sure to check out our post “What is the Difference Between Legal Separation and Divorce?” for more information too, and a handy chart to see the real differences.

Did you know that Colorado is one of the few states that still allows for legal separation?  It’s a blessing and a curse.  It is good for anyone who would benefit from a legal separation, but is a curse because it can make the choice of what to do harder on you.  There are many attorneys in the Denver metro who won’t even do a legal separation.  We here at the Rutherford Law Center do help with legal separation, because we want to support our client at whatever stage they are at in their life.

Use the following checklist to think through if legal separation or divorce is best for you:

Is Legal Separation Right for Me?

  •  Do you have a religious reason to want legal separation instead of divorce?  If yes, then legal separation might be a good choice.
  • Would you be allowed to stay on your ex-spouse’s health insurance if you were legally separated instead of divorced?  This is a rare loophole but it does

    exist.  If yes, then legal separation might be a good choice.

  • Do you want legal separation because you’re afraid of what your spouse might say or do if you mention divorce?  If yes, then you are likely in an abusive
    relationship.  Legal separation is likely NOT a good choice for you.

  •  Do you want a legal separation because it just sounds less bad?  If yes, then this is likely
    NOT a good choice for you.  Legal separation has its own complications and can invite ongoing dispute after the entry of the decree.  We have found that
    it is far easier and usually less expensive to file for a divorce at the beginning.  Your next task is to work with your therapist on why the word divorce was so scary for you, to help you work through the hard times that you’re experiencing.

  •   Do you want a legal separation because you think that it will be easier to get back together again later?  If so, then a legal separation is likely NOT
    right for you.  You’ll be surprised to know that its easier to get back together after a divorce than a legal separation!  Learn more at our post “What
    is the Difference Between Legal Separation and Divorce?”

At the end of the day, the best way to answer this question is to consult with an attorney who is focused on supporting you based on your goals.  Please Contact Us for a consultation with an attorney.

https://www.harrisfamilylaw.com/blog/2022/may/the-three-stages-of-divorce-legal-separation-in-/

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