Legal Separation

Preserve your rights. Plan your next step wisely.

Navigating Legal Separation in Colorado

Legal separation in Colorado offers couples a structured way to live apart while remaining legally married. This option is ideal for those who may have religious, financial, or personal reasons for avoiding divorce. At Ross Law P.C., we help clients understand their rights and responsibilities under a legal separation and guide them through the process with clarity and care.

Unlike divorce, legal separation does not terminate the marriage. However, it addresses all the same legal issues—property division, spousal support, child custody, and more—through a court-issued decree .

Residency and Filing Requirements

To initiate a legal separation in Colorado:

• Residency: One spouse must have lived in Colorado for at least 91 days before filing 3.
• Children: If children are involved, they must have resided in Colorado for 182 days or since birth.
• Filing Process:
• Submit a Petition for Legal Separation in the county of residence.
• Pay a $230 filing fee (fee waivers available).
• Both spouses must sign the petition in front of a notary.
• A 91-day waiting period applies before the court can finalize the separation.

Division of Property and Debts

Legal separation involves a full financial settlement, just like divorce:

• Marital Property: Assets and debts acquired during the marriage are divided equitably.
• Separate Property: Items owned before marriage or received as gifts/inheritance remain with the original owner unless commingled.
• Key Considerations:
• Financial contributions and earning capacity
• Length of the marriage
• Impact on children and family stability
• Any dissipation of assets

Spousal Maintenance and Support

Spousal support (maintenance) is available in legal separation cases:

• Eligibility: Based on financial need and the other spouse’s ability to pay.
• Terms: Can be temporary or long-term, depending on the marriage duration and financial circumstances.
• Conversion: If the separation is later converted to divorce, maintenance terms typically remain unchanged unless otherwise agreed 

Parenting Plans and Child Support

Legal separation includes formal arrangements for children:

• Parenting Responsibilities: Covers decision-making and parenting time.
• Child Support: Calculated using Colorado’s guidelines, factoring in income, overnight stays, and expenses.
• Court Orders: Legally enforceable and designed to protect the child’s best interests.

Legal Separation vs. Divorce

While the procedures are nearly identical, the outcomes differ:

• Legal Separation:
• Spouses remain married.
• Cannot remarry without converting to divorce.
• May retain benefits like health insurance or military entitlements.
• Offers a path for reconciliation without remarrying.

• Conversion to Divorce:
• Either spouse may request conversion after six months.
• The process is simple and does not reopen the case unless specified

Why Choose Ross Law for Your Legal Separation Case

At Ross Law, we understand that legal separation is a deeply personal decision. Our team offers strategic legal guidance tailored to your goals—whether you're seeking a long-term separation or considering future reconciliation.

What Sets Us Apart

• Virtual Consultations for convenience and privacy
• Colorado-Based since 2018, with deep local expertise
• Assertive Legal Strategy focused on protecting your rights
• Award-Winning Service:
• Avvo Client’s Choice since 2013
• AV-Preeminent Peer Rating since 2019
• Super Lawyers recognition (2020–2025)

Let’s Talk About Your Legal Separation Options

Legal separation can be just as complex as divorce—but with different long-term implications. At Ross Law, we help you navigate this process with confidence and clarity. Whether you're seeking financial independence, protecting benefits, or preserving the possibility of reconciliation, we’re here to support you.

Contact Ross Law Today

Schedule a confidential consultation to explore your legal separation options. We’ll handle your case with the sensitivity it deserves and the skill it demands.