Legal separation and divorce share similarities in Colorado but serve different purposes. A legal separation allows couples to remain legally married while living separately, often to retain benefits like health insurance or for religious reasons. However, situations change, and many individuals eventually decide to convert their legal separation into a divorce. Understanding the legal process and implications is essential if you’re in Fort Collins and considering this transition.
Understanding Legal Separation in Colorado
In Colorado, legal separation is a formal legal status distinct from divorce. A legally separated couple remains married but has established court-approved agreements regarding property division, child custody, and financial responsibilities. While obtaining a legal separation is similar to divorce, the marriage is not dissolved.
Some key reasons couples choose legal separation over divorce include:
- Maintaining certain financial benefits such as health insurance or tax advantages.
- Religious or moral objections to divorce.
- Allowing time for reconciliation while living separately.
- Protecting financial interests without terminating the marriage.
However, if reconciliation does not occur, one or both spouses may decide to proceed with a divorce. Fortunately, converting a legal separation into a divorce in Fort Collins is a relatively straightforward legal process.
The Legal Process to Convert a Legal Separation into a Divorce in Fort Collins
If you or your spouse has already obtained a decree of legal separation in Colorado, you can request the court to convert the legal separation into a divorce. Here’s how the process works:
Step 1: Meet the Waiting Period Requirement
Colorado law requires a waiting period before a legal separation can be converted into a divorce. Either spouse must wait at least six months after the decree of legal separation is issued before filing for conversion.
Step 2: File a Motion to Convert the Legal Separation
Once the six-month period has passed, either spouse can file a motion with the court to convert the legal separation into a divorce. This motion is typically submitted to the same court that granted the legal separation. If both spouses agree to the conversion, the process is simpler and faster.
Step 3: Serve Notice to the Other Spouse (If Necessary)
If only one spouse seeks the conversion, the other spouse must be formally notified. The court will provide guidelines on how to serve the motion properly.
Step 4: Court Approval and Final Divorce Decree
Once the court reviews and approves the motion, it will issue a final decree of dissolution of marriage. The legal separation is officially converted into a divorce, and the marriage is legally ended.
What Happens to Existing Agreements?
One of the most common concerns about converting a legal separation into a divorce is whether existing agreements remain in place. In most cases, the terms established in the legal separation decree regarding property division, spousal support, and child custody will carry over into the divorce decree unless a spouse petition for modifications.
However, if circumstances have changed significantly since the legal separation, one or both spouses may request modifications to child custody, support, or alimony. The court will review these requests based on the best interests of any involved children and the financial circumstances of both parties.
Key Considerations Before Converting a Legal Separation into a Divorce
Before proceeding with the conversion, consider these critical factors:
1. Financial Implications
Converting a legal separation into a divorce may affect taxes, retirement benefits, and health insurance coverage. Some employer-sponsored health plans allow coverage for legally separated spouses but terminate coverage upon divorce.
2. Emotional and Family Considerations
Divorce is a significant life change. If children are involved, it’s crucial to consider how the transition will impact them and ensure custody and support arrangements reflect their best interests.
3. Legal Assistance
Navigating the legal system alone can be challenging. Consulting a family law attorney ensures your rights are protected, and all necessary paperwork is completed correctly.
Why Work with a Fort Collins Divorce Lawyer?
While converting a legal separation into a divorce may seem straightforward, legal issues can arise, particularly if disputes emerge regarding property division, child custody, or support modifications. A knowledgeable Fort Collins divorce lawyer can guide you through the legal process, helping you avoid unnecessary complications.
Contact a Fort Collins Divorce Lawyer
If you’re ready to convert your legal separation into a divorce, Baker Law Group is here to help. Our experienced family law attorneys understand the complexities of Colorado’s divorce laws and can provide the legal support you need to navigate the process.
Contact Baker Law Group today to schedule a consultation and take the following steps toward finalizing your divorce in Fort Collins.
