What is a legal separation and is it faster or easier than a divorce?
A legal separation does not terminate the marriage but acts to finally separate the finances of the parties and finalize arrangements fro the care and support of any children. The process for obtaining a legal separation is substantially similar to the process for a divorce. The property and debts are generally divided, child support and spousal maintenance (traditionally referred to as “alimony”) can be awarded, and custody issues can be determined. Because the procedure is essentially the same as the divorce process, it is not faster or easier than a divorce. It is also not a required preliminary step for a divorce. A legal separation may be later converted to a divorce at the request of either party. This issue is covered in depth in Chapter 7 of Colorado Family Law and Practice written by the attorneys of McGuane and Hogan, L.L.P.
