How To Change a Legal Separation to a Divorce in Colorado
Colorado allows couples to convert a legal separation into a divorce after the separation has been in place for at least six months. Either spouse can request the change by filing a formal motion with the court. This option can be helpful for people who originally chose separation but have since decided they are ready to move forward with a full divorce.
When and How You Can Convert a Legal Separation to a Divorce
Legal separation gives couples a way to divide finances, property, and responsibilities without officially ending the marriage. Over time, one or both people may decide that a full divorce is the better choice. Either spouse can request this change, even if the other does not agree.
Colorado’s Six-Month Waiting Period Rule
Before you can ask the court to convert a legal separation into a divorce, at least six months must pass from the date the separation decree was issued. This waiting period gives both spouses time to adjust and reconsider before moving forward with permanent dissolution. The court will not process the request unless this timeline has been met.
Filing the Motion and Serving the Other Party
Once the six-month mark has passed, the spouse who wants to make the change can file a motion with the court. This motion lets the judge know that one party wants to dissolve the marriage completely.
After filing, a copy must be served to the other spouse to give them official notice. The court will then schedule a hearing or issue a final order depending on the circumstances and whether the other person contests the request.
Issues That May Need Revisiting When Converting to Divorce
Some terms from your legal separation may carry over without much discussion, while others might need to be revisited. Financial changes, parenting adjustments, or unresolved support issues can all affect how the court handles the final orders. A few areas that often come up again during the conversion process include:
- Division of the remaining joint assets
- New income disclosures
- Updated support calculations
- Revised insurance policies
- Parenting plan modifications
- Child custody changes
- Unresolved spousal support disputes
Allowed by Colorado Revised Statutes § 14-10-120, either spouse may convert a legal separation into a divorce, but doing so can trigger a closer look at existing orders.
When support or parenting arrangements are affected, the court may also apply Colorado Revised Statutes § 14-10-122 to assess whether a change is needed. In some cases, especially those involving child custody, the court may ask for updated disclosures or evaluations before finalizing the conversion.
What Happens After the Court Grants the Conversion Request
Once the court approves the motion, it issues a decree of dissolution that legally ends the marriage and updates your marital status. Since many terms were already settled during the legal separation, this process tends to move faster than a new divorce case. The next steps involve tying up a few remaining details to make sure everything reflects the updated status.
Updating Your Legal and Financial Records
After the decree is entered, you may need to update your name, tax filing status, and any retirement or insurance beneficiary designations. These updates are especially important in Broomfield family law matters where financial arrangements were previously tied to your status as a spouse. It is also a good time to review estate planning documents or powers of attorney that may still reflect your former marital relationship.
Final Review of Property and Support Orders
Some parts of the original separation agreement may stay exactly the same, while others might need to be adjusted. Support amounts based on income can be revisited if either person has experienced a significant change since the separation was granted. If you need help changing a legal separation to a divorce, reach out to our Broomfield divorce attorneys for legal guidance.