Legal separation is a legally recognized status in some states in which the spouses’ act of separating or living apart has legal consequences and changes the spouses’ rights and responsibilities. In some states the legal separation process is supervised by the court, which issues court orders for the parties to follow during their legal separation.
And in some states the spouses may enter into a written separation agreement that defines their rights and responsibilities during the separation period. Some states even require spouses to be separated for some period of time (e.g., one year) before they are able to divorce.
But some states—including Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas—do not recognize legal separation, and the spouses are married, with the same rights and responsibilities, until they are divorced.
Laws regarding legal separation vary from state to state and are usually located in a state’s statutes—often in the family or domestic relations code.
In Colorado, legal separation is a recognized legal status that allows spouses to live apart while remaining legally married. The process of legal separation in Colorado is similar to divorce in that it involves a court proceeding where issues such as division of property, spousal support, child custody, and child support can be addressed. The court issues orders that outline the rights and responsibilities of each spouse during the separation. Colorado law allows spouses to enter into a separation agreement to define these terms, which must then be approved by the court. Unlike some states, Colorado does not require spouses to be separated for a specific period before they can file for divorce. However, if the spouses later decide to divorce after obtaining a legal separation, they must convert the legal separation into a divorce decree. This can be done after the legal separation has been in effect for six months. It's important to note that while legal separation can be a step toward divorce, it does not automatically lead to divorce and the parties remain legally married unless they take further action to dissolve the marriage.