LEGAL SEPARATION VS DIVORCE IN COLORADO: THE SHORT ANSWER
The real difference between legal separation vs divorce in Colorado is your marital status at the end. A divorce, which Colorado law calls a dissolution of marriage, ends the marriage. A legal separation resolves the same issues, including property, debts, maintenance, parenting and child support, but you both stay legally married and neither of you can remarry.
Nearly everything else is the same. Both cases start with a petition under the same statute, follow the same 91-day residency and waiting rules, cost the same to file, and end in court orders that are equally binding. Either spouse can later ask the court to convert a legal separation into a divorce, but not until 182 days after the separation decree.
This guide compares the two side by side, corrects some common myths, and offers questions to help you choose. If you already know a legal separation is right for you, our page on legal separation in Colorado explains how we can help.
TABLE OF CONTENTS
- Side-by-Side Comparison
- What Is the Same
- What Is Different
- Converting a Legal Separation to a Divorce
- How a Case Starts in El Paso and Teller Counties
- Myths About Legal Separation in Colorado
- How to Choose
- Frequently Asked Questions
- Talking With a Colorado Springs Family Law Attorney
- Sources
SIDE-BY-SIDE COMPARISON
The table shows how the two cases line up under Colorado law. Most rows read "same," and those are the rows people most often get wrong.
| Issue | Legal Separation | Dissolution of Marriage (Divorce) |
|---|---|---|
| Marital status after the decree | Still married | Marriage ends |
| Can either spouse remarry? | No | Yes, once the decree enters |
| Legal ground | The marriage is irretrievably broken | Same |
| Residency | One spouse domiciled in Colorado for 91 days before filing | Same |
| Waiting period | No decree until 91 days after the court has jurisdiction over the responding spouse | Same |
| Court filing fees | $260 petition, $146 response | Same |
| Automatic temporary injunction | Applies | Applies |
| Property and debts | Divided equitably by agreement or by the court | Same |
| Maintenance, parenting and child support | Decided and ordered | Same |
| Effect of the other spouse's objection | The court will not enter a legal separation over an objection; the case may end in a divorce instead | The objection rule for legal separation does not apply |
| Later conversion | Either spouse may move to convert to a divorce 182 or more days after the decree | Not applicable |
WHAT IS THE SAME
Colorado handles both cases under one statute, C.R.S. 14-10-106. Before the court enters either decree, it must find that one spouse has been domiciled in Colorado for 91 days before filing, that the marriage is irretrievably broken, and that at least 91 days have passed since the court acquired jurisdiction over the responding spouse. Colorado is a purely no-fault state, so neither case requires proof that anyone did anything wrong.
The same statute directs the court, to the extent it has jurisdiction, to address parental responsibilities, child support, maintenance and the division of property in either kind of decree. It can postpone some of those decisions only if it finds that doing so is in the parties' best interests.
The Same Orders Under the Same Statutes
- Property and debts. Under C.R.S. 14-10-113, the court sets apart each spouse's separate property and divides the marital property in the proportions it finds just, without regard to marital misconduct. Equitable means fair, and not necessarily equal.
- Maintenance. C.R.S. 14-10-114 applies when either spouse requests maintenance in a dissolution, legal separation or declaration of invalidity case. Our guide to maintenance, often called alimony, in Colorado explains the advisory guidelines.
- Parenting. The court allocates parental responsibilities, meaning decision-making responsibility and parenting time, according to the best interests of the child under C.R.S. 14-10-124. Colorado calls what most people know as custody the allocation of parental responsibilities.
- Child support. The child support guidelines in C.R.S. 14-10-115 apply in a proceeding for dissolution of marriage or legal separation alike.
The automatic temporary injunction in C.R.S. 14-10-107 also applies to both. While the case is pending, it restricts transferring marital property, removing the children from Colorado without the other spouse's consent or a court order, and changing certain insurance. Our article on restraining orders in a Colorado Springs divorce walks through its exact terms.
WHAT IS DIFFERENT
You Stay Married
A decree of legal separation does not end the marriage. Colorado law treats a marriage entered into before an earlier marriage is dissolved as a prohibited marriage (C.R.S. 14-10-111), so neither spouse can validly remarry until the marriage is dissolved.
Your Spouse Can Object
Under C.R.S. 14-10-106(2), when a spouse asks for a legal separation instead of a dissolution, the court grants the decree in that form unless the other spouse objects. An objection keeps the decree from being a legal separation, but it does not stop the case. If the court finds the marriage irretrievably broken, the case can end in a decree of dissolution instead, so talk with a lawyer before you file if you expect an objection.
Benefits, Insurance and Personal Reasons
Some people choose legal separation because staying married matters for reasons outside family law. Common examples are religious beliefs, a wish to keep the door open to reconciliation, and eligibility for health insurance or other benefits that depend on being a spouse.
Whether a particular benefit continues after a legal separation depends on that plan's or program's own rules, not on the divorce court. Read the plan documents or ask the administrator before you rely on any benefit continuing. Military families should confirm federal eligibility rules as well; our Colorado Springs military divorce lawyer page covers those cases.
CONVERTING A LEGAL SEPARATION TO A DIVORCE
Under C.R.S. 14-10-120(2), either spouse may move to convert a decree of legal separation into a decree of dissolution, but no earlier than 182 days after the legal separation decree was entered. The moving spouse must show that notice of the motion was mailed to the other spouse's last known address. Once those conditions are met, the statute says the court "shall" convert the decree.
The Colorado Judicial Branch's guide to converting a legal separation to a divorce (JDF 1325) lists the forms: a motion, an order and a decree of dissolution. If only one spouse signs the motion, that spouse must give the other a copy, and the other spouse has 21 days to respond.
The guide tells you to complete the new divorce decree consistent with your decree of legal separation. Check the Judicial Branch's fee list for any current filing fee, and see its self-help page on changing a legal separation to a divorce for the current forms.
HOW A CASE STARTS IN EL PASO AND TELLER COUNTIES
El Paso and Teller counties make up the Fourth Judicial District, and cases are filed in district court. In Colorado Springs, that is the El Paso County Judicial Building at 270 South Tejon Street. The steps are the same whether you ask for a legal separation or a dissolution.
- File the petition. Spouses can file together as co-petitioners, or one spouse can file and serve the other. The petition must disclose protection orders entered against either spouse, protecting the other, in the five years before filing (C.R.S. 14-10-107.8). SB25-116 extended that lookback from two years to five, effective August 6, 2025.
- Pay the filing fee. The Judicial Branch's List of Fees shows $260 to file a petition for dissolution or legal separation and $146 to file a response. Fees are published by the Judicial Branch, are governed by statute, and can change.
- Service and the injunction. The automatic temporary injunction applies to both spouses once the petition has been filed and the other spouse has been served or has accepted service.
- Disclosures and case management. Both spouses exchange financial disclosures and attend an initial status conference, the same as in a divorce. Our Colorado divorce timeline walks through each step.
- Agreement or hearing. If you agree on everything, you submit a written agreement and parenting plan for the court's review. If you do not, the court decides the disputed issues after a hearing, and no decree enters before the 91-day waiting period ends.
MYTHS ABOUT LEGAL SEPARATION IN COLORADO
Myth: You Must Live Apart for Six Months First
Colorado's statute sets no period of living apart for either a legal separation or a divorce. The residency rule is that one spouse has been domiciled in Colorado for 91 days before filing, and only one spouse needs to meet it.
Myth: A Legal Separation Has No Court Orders
A legal separation decree divides property and debts and can include maintenance, a parenting plan and child support, all enforceable like any other court order. Simply living apart, without a case, does not produce any of those orders.
Myth: There Are Faster 30-Day and 60-Day Tracks
There are not. No decree of legal separation or dissolution can enter until 91 days after the court acquires jurisdiction over the responding spouse, whether or not you have children and whether or not you agree.
Myth: The Court Always Orders a Custody Evaluation
An evaluation is not automatic. Under C.R.S. 14-10-127, the court may order a parental responsibilities evaluation on either party's motion or on its own, and it must consider, among other things, whether an investigation by a child and family investigator would be sufficient. Our guide on how divorce and separation affect children covers what children need during either kind of case.
HOW TO CHOOSE
The decision usually comes down to whether staying legally married serves a real purpose for you. These questions help sort it out.
- Do you have a religious or personal reason not to divorce? A legal separation resolves finances and parenting without ending the marriage.
- Are you unsure the marriage is over? A legal separation can be converted to a divorce after 182 days, while a divorce ends the marriage when the decree enters.
- Does a benefit depend on being married? Confirm the plan's rules before you decide.
- Will your spouse object? An objection prevents a decree of legal separation, and the case may end in a divorce instead.
- Does either of you want to remarry? Only a dissolution allows that.
- Cost and effort. The process and court fees are the same, but converting later adds a motion and another decree.
If the marriage may never have been valid at all, for example because one spouse was still married to someone else, the right case may be a declaration of invalidity instead. See our guide to annulment in Colorado.
FREQUENTLY ASKED QUESTIONS
Do We Have to Live Apart Before Filing for Legal Separation in Colorado?
No. Colorado requires that one spouse has been domiciled in Colorado for 91 days before filing, and the statute sets no required period of living apart.
Can I Remarry After a Legal Separation?
No. You remain legally married until a decree of dissolution enters, which either spouse can request by motion 182 or more days after the legal separation decree.
Is a Legal Separation Cheaper Than a Divorce in Colorado?
The court fees are the same: $260 for the petition and $146 for a response, as published by the Colorado Judicial Branch. Attorney fees depend mostly on how many issues are contested, not on which decree you request.
Does a Legal Separation Decide Parenting Time and Child Support?
Yes. The court allocates parental responsibilities and orders child support in a legal separation the same way it does in a divorce.
Can My Spouse Stop a Legal Separation?
Your spouse can prevent a decree of legal separation by objecting, because under C.R.S. 14-10-106(2) the court grants a legal separation in that form only if the other spouse does not object. An objection does not end the case, though: if the court finds the marriage irretrievably broken, the decree can be entered as a dissolution of marriage instead.
TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY
Choosing between legal separation and divorce is easier once you know how each would affect your property, your benefits and your children. A Colorado Springs divorce lawyer can walk through both paths with you before anything is filed.
Moran, Allen & Associates Family Law Attorneys represents clients in El Paso and Teller counties. Call (719) 447-0762 in Colorado Springs or (719) 686-7554 in Woodland Park, or schedule a free consultation to talk through your situation.
This article is general information about Colorado law as of October 2026 and is not legal advice. Laws and court procedures change, so speak with a licensed Colorado attorney about your own situation.
SOURCES
- C.R.S. 14-10-106, Dissolution of Marriage and Legal Separation
- C.R.S. 14-10-107, Commencement and Automatic Temporary Injunction
- C.R.S. 14-10-107.8, Required Notice of Prior Protection Orders
- C.R.S. 14-10-111, Declaration of Invalidity
- C.R.S. 14-10-113, Disposition of Property
- C.R.S. 14-10-114, Spousal Maintenance
- C.R.S. 14-10-115, Child Support Guidelines
- C.R.S. 14-10-120, Decree and Conversion of Legal Separation
- C.R.S. 14-10-124, Best Interests of the Child
- C.R.S. 14-10-127, Evaluations and Reports
- Colorado General Assembly, SB25-116, Spousal Maintenance Guidelines
- Colorado Judicial Branch, List of Fees
- Colorado Judicial Branch, JDF 1325, Guide to Convert a Legal Separation to a Divorce
- Colorado Judicial Branch, Change a Legal Separation to a Divorce