Colorado Legal Separation Agreement
Colorado grants a decree of legal separation after 91 days of domicile, and either party can convert it to a divorce 182 days later. The couple stays married. Attorney review available.
Find out where you stand in Colorado
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Introduction
Colorado grants a decree of legal separation on the same ninety-one-day domicile threshold it uses for a divorce, a court order that keeps a couple legally married while living apart, and it then lets either spouse convert that decree to a divorce 182 days later (C.R.S. 14-10-106, 14-10-120). The threshold is the same as for a divorce: the district court enters the decree when one party has been domiciled in Colorado for ninety-one days next preceding the commencement of the proceeding and the court finds the marriage is irretrievably broken, Colorado's only no-fault ground. Whether the case ends in a legal separation or a divorce turns on what the parties want. If a party requests a decree of legal separation rather than a decree of dissolution, the court shall grant the decree in that form unless the other party objects (C.R.S. 14-10-106(2)); if one spouse wants a legal separation and the other wants a divorce, the case proceeds as a divorce. A legal separation does not end the marriage, and Colorado builds in a clean conversion clock: no earlier than one hundred eighty-two days after the decree of legal separation is entered, either party may move to convert it, and on proof that notice has been mailed to the other party the court shall convert the decree of legal separation to a decree of dissolution of marriage (C.R.S. 14-10-120). Couples choose it to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce. Colorado divides marital property equitably, so those terms belong in a Colorado Marital Settlement Agreement rather than in the separation itself; if you decide to end the marriage, the pleading that starts it is a Colorado Divorce Petition. DocDraft builds your Colorado legal separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
- 1
A Colorado decree of legal separation under C.R.S. 14-10-106 keeps a couple legally married while living apart and uses the same ninety-one-day domicile threshold as a divorce; neither spouse may remarry, and the marriage ends only through a later divorce.
- 2
The threshold matches a divorce: the court enters the decree when one party has been domiciled in Colorado for ninety-one days next preceding the commencement of the proceeding and the marriage is irretrievably broken, Colorado's only no-fault ground (C.R.S. 14-10-106(1)).
- 3
If a party requests a decree of legal separation rather than a dissolution, the court shall grant it in that form unless the other party objects (C.R.S. 14-10-106(2)). If one spouse wants a legal separation and the other wants a divorce, the case proceeds as a divorce.
- 4
Colorado sets a fixed conversion clock: no earlier than one hundred eighty-two days after the decree of legal separation is entered, either party may move to convert it to a divorce (C.R.S. 14-10-120).
- 5
On that motion, and on proof that notice has been mailed to the other party at their last-known address, the court shall convert the decree of legal separation to a decree of dissolution of marriage (C.R.S. 14-10-120). The other spouse cannot block the conversion.
- 6
In the separation the court can allocate parental responsibilities, order child support and spousal maintenance, and divide property, the same matters it addresses in a divorce, but the marriage stays intact.
- 7
Couples choose a Colorado legal separation over divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce.
Key decisions before you file
Before you file a Legal Separation Agreement in Colorado, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Colorado Requirements for Legal Separation Agreement
Court Decree of Legal Separation
Colorado grants a court decree of legal separation (C.R.S. 14-10-106). The couple stays legally married while living apart, and neither spouse may remarry. The marriage ends only through a later divorce.
Ninety-One-Day Domicile
The court enters a decree of legal separation only when one party has been domiciled in Colorado for ninety-one days next preceding the commencement of the proceeding (C.R.S. 14-10-106(1)). This is the same domicile requirement used for a divorce.
Irretrievable Breakdown Ground
Colorado is a no-fault state. The only ground for a legal separation is a finding that the marriage is irretrievably broken (C.R.S. 14-10-106(1)); no proof of fault is required.
Legal Separation Unless the Other Objects
If a party requests a decree of legal separation rather than a dissolution, the court shall grant it in that form unless the other party objects (C.R.S. 14-10-106(2)). If one spouse wants a legal separation and the other wants a divorce, the case proceeds as a divorce.
One-Hundred-Eighty-Two-Day Conversion Clock
No earlier than one hundred eighty-two days after entry of a decree of legal separation, either party may move to convert it to a divorce (C.R.S. 14-10-120). The separation does not automatically become a divorce before then.
Court Must Convert on Motion and Notice
On a motion to convert and proof that notice has been mailed to the other party at their last-known address, the court shall convert the decree of legal separation to a decree of dissolution of marriage (C.R.S. 14-10-120). The other spouse cannot block the conversion.
Property and Maintenance in the Settlement
Colorado divides marital property equitably and can order spousal maintenance and child support. Because this is the same division used in a divorce, keep those terms in a Colorado marital settlement agreement rather than in the separation itself.
Reasons to Choose Separation Over Divorce
A Colorado legal separation keeps the marriage in place, which can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious or trial-step reasons. Confirm insurance effects with the plan, since many treat a legal separation like a divorce.