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Step 1: Confirm Your State's Residency Requirements. ... Step 2: Move to File for Separation Petition. ... Step 3: Move to File Legal Separation Agreement. ... Step 4: Serve Your Spouse the Separation Agreement. ... Step 5: Settle Unresolved Issues. ... Step 6: Sign and Notarize the Agreement.
2. Understanding The Benefits and Disadvantages of Legal Separation It Gives You Time Apart. Even if your marriage isn't working, you might not be ready for a divorce. ... You Can Stay on Your Spouse's Insurance. ... Financial Considerations. ... Cultural and Religious Beliefs. ... You Can't Remarry. ... The Process Isn't Necessarily Easy.
The law allows for the court to issue a Decree of Legal Separation for a married couple when they want to separate but stay legally married to protect significant religious, financial, social or legal interests.
At least one spouse must meet the state's residency requirement, which means living in Colorado for at least 91 days before filing for separation. Additionally, you'll need to wait at least 90 days before the court can act on your case.
Disadvantages of legal separation include: The inability to legally remarry; Extra cost if you later decide to divorce; and. Lack of a no-fault option.