Colorado
Legal Separation in Colorado: Requirements, Orders and Conversion
Independently fact-checked against primary sources (last audited October 8, 2026). · 7 primary sources cited on this page. How we verify our legal content
Yes. Colorado offers a decree of legal separation under C.R.S. § 14-10-106, using the same court process and the same grounds as divorce. The court can decide parenting, child support, maintenance and property, but the spouses stay married, and either spouse can ask to convert the decree into a divorce 182 days after it is entered (C.R.S. 14-10-120(2)).
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers legal separation under Colorado's Uniform Dissolution of Marriage Act, mainly C.R.S. 14-10-106, 14-10-110, 14-10-112, 14-10-113, 14-10-114 and 14-10-120, plus the probate rule in 15-11-802. It does not cover how maintenance or child support amounts are calculated, civil-union rules, or other states' law. For divorce grounds and procedure, see Colorado divorce laws.
Does Colorado have legal separation?
Yes. C.R.S. § 14-10-106(1)(a) provides:
"The district court shall enter a decree of dissolution of marriage or a decree of legal separation when:"
Because one statute governs both decrees, a legal separation case in Colorado runs on the same track as a divorce. The Colorado Judicial Branch puts it this way: "A Legal Separation case can do everything a Divorce case can, but it doesn't legally end the marriage/civil union."
Requirements for a legal separation in Colorado
Section 14-10-106(1)(a) lists what the court must find before it enters a decree of dissolution or legal separation:
| Requirement | What the statute says | Cite |
|---|---|---|
| Residency | One spouse has been domiciled in Colorado for 91 days before the case is filed | 14-10-106(1)(a)(I) |
| Ground | The marriage is irretrievably broken | 14-10-106(1)(a)(II) |
| Waiting period | At least 91 days have passed since the court acquired jurisdiction over the respondent | 14-10-106(1)(a)(III) |
The ground is no-fault. The court must find that the marriage is irretrievably broken. Under C.R.S. 14-10-110, the breakdown is presumed when both spouses say so under oath, or when one says so and the other does not deny it.
Children's residency. The Colorado Judicial Branch's divorce and legal separation page also says children must have lived in Colorado for 182 days, or since birth.
Choosing legal separation instead of divorce
Colorado lets either spouse ask for a legal separation rather than a dissolution. Section 14-10-106(2) says that if a party requests a decree of legal separation, "the court shall grant the decree in that form unless the other party objects." The objection goes to the form of the decree: 14-10-106(1)(a) still directs the court to enter a decree of dissolution or legal separation once its findings are made. This page does not cover how a court proceeds after an objection; a lawyer licensed in Colorado can explain that step.
What the court can order in a Colorado legal separation
Section 14-10-106(1)(b) directs the court, in every decree of legal separation, to "consider, approve, or allocate parental responsibilities with respect to any child of the marriage, the support of any child of the marriage who is entitled to support, the maintenance of either spouse, and the disposition of property." The court may defer some of those issues when that is in the parties' best interests.
- Property. Under 14-10-113(1), in a legal separation the court sets apart each spouse's property and divides the marital property "without regard to marital misconduct, in such proportions as the court deems just."
- Maintenance. Section 14-10-114(2) lets the court order maintenance from one spouse to the other at permanent orders in a legal separation, on either party's request. See Colorado alimony laws for how maintenance is set.
- Parenting and child support. The decree covers parental responsibilities and child support. See Colorado child custody laws and Colorado child support laws.
- Temporary orders. While the case is pending, either party may move under 14-10-108(1) for temporary payment of debts, use of property, maintenance, parental responsibilities, child support, or attorney or licensed legal paraprofessional fees. Filing and service also trigger an automatic temporary injunction under 14-10-107(4)(b).
Separation agreements
Spouses can settle the terms themselves. C.R.S. 14-10-112(1) allows parties "attendant upon their separation or the dissolution of their marriage" to "enter into a written separation agreement." The agreement is binding on the court unless it is unconscionable, except for terms about children, which that binding rule does not reach.
You stay married after a legal separation
A decree of legal separation does not end the marriage. Two statutes bear on what that means in practice:
- Inheritance. Colorado's probate code says "A decree of separation that does not terminate the marriage is not a divorce for purposes of this section" (C.R.S. 15-11-802(1)). But 15-11-802(2)(c) also excludes from "surviving spouse" a person who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights, so a separation decree that divides all marital property may end inheritance rights as a spouse. A lawyer licensed in Colorado can explain how this applies to a particular decree.
- New property. Property a spouse acquires after the decree of legal separation is excluded from marital property (14-10-113(2)(c)).
Converting a legal separation to a divorce in Colorado
Under C.R.S. 14-10-120(2):
"No earlier than one hundred eighty-two days after entry of a decree of legal separation, on motion of either party and proof that a notice has been mailed to the other party at his or her last-known address, the court shall convert the decree of legal separation to a decree of dissolution of marriage"
Either spouse can bring the motion, and the statute says the court "shall" convert. The Colorado Judicial Branch confirms: "You must wait at least 182 days from the date your legal separation was finalized by the court (when the Decree of Legal Separation was entered) before you can file paperwork to change the legal separation to a divorce." The motion is filed in the same court, using JDF 1325 (guide), JDF 1321 (motion), JDF 1322 (order), JDF 1019 (decree) and JDF 1315 (response).
How to file for legal separation in Colorado
The Colorado Judicial Branch's divorce and legal separation self-help pages provide the forms. They include JDF 1010 (process guide), JDF 1000 (case information sheet), JDF 1011 (petition), JDF 1012 (summons), JDF 1013 (waiver of service), JDF 1014 (return of service), JDF 1015 (response) and JDF 1018 (affidavit for decree without appearance).
Recent changes
The 2026 Red Book from Colorado's Office of Legislative Legal Services lists two 2026 laws that touch legal separation cases:
- HB 26-1309 (effective May 27, 2026) clarifies the definition of domestic violence in the Uniform Dissolution of Marriage Act (14-10-103) and the evidence and findings rules for allocating parental responsibilities. It applies to legal separation and dissolution cases alike.
- HB 26-1217 (effective May 5, 2026) amended the child support guideline in 14-10-115.
The 2026 statute history notes list no 2023 to 2026 amendment to sections 14-10-106, 14-10-107, 14-10-110, 14-10-112, 14-10-113 or 14-10-120.
Disclaimer: This article provides general legal information about legal separation under Colorado law, mainly C.R.S. 14-10-106 and 14-10-120. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about your situation, consult a lawyer licensed in Colorado or the Colorado Judicial Branch's self-help resources.
Related
- Legal separation laws in every state
- Colorado divorce laws
- Colorado alimony laws
- Colorado child custody laws
- Colorado child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
How long do you have to be legally separated before divorce in Colorado?
Either spouse can move to convert a decree of legal separation to a divorce no earlier than 182 days after the decree was entered (C.R.S. 14-10-120(2)).
What is the residency requirement for legal separation in Colorado?
One spouse must have been domiciled in Colorado for 91 days before filing (C.R.S. 14-10-106(1)(a)(I)). The court's self-help page says children must have lived in Colorado for 182 days or since birth.
What happens if my spouse objects to a legal separation in Colorado?
Under C.R.S. 14-10-106(2), the court grants a requested legal separation in that form unless the other spouse objects. The objection goes to the form of the decree; the statute still has the court enter a decree of dissolution or legal separation once the 14-10-106(1)(a) findings are made. A lawyer licensed in Colorado can explain how a court handles an objection.
Is property acquired after a legal separation marital property in Colorado?
No. Property a spouse acquires after a decree of legal separation is excluded from marital property (C.R.S. 14-10-113(2)(c)).
Can you get spousal maintenance in a Colorado legal separation?
Yes. At permanent orders in a legal separation, the court may order maintenance from one spouse to the other on either party's request (C.R.S. 14-10-114(2)).
Is a legally separated spouse still an heir in Colorado?
Not necessarily. A decree of separation that does not end the marriage is not a divorce under C.R.S. 15-11-802(1), but 15-11-802(2)(c) excludes a person who was a party to a proceeding concluded by an order purporting to terminate all marital property rights, which a separation decree dividing all marital property may be.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Colorado Revised Statutes, Title 14: Domestic Matters
§ 14-10-106Dissolution of marriage - legal separationIn forcecited in 4 of our articles
(1) (a) The district court shall enter a decree of dissolution of marriage or a decree of legal separation when: (I) The court finds that one of the parties has been domiciled in this state for ninety-one days next preceding the commencement of the proceeding; (II) The court finds that the marriage is irretrievably broken; and (III) The court finds that ninety-one days or more have elapsed since it acquired jurisdiction over the respondent either as the result of process pursuant to rule 4 of the Colorado rules of civil procedure or as the result of the act of the respondent in joining as copetitioner in the petition or in entering an appearance in any other manner.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at olls.info
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Edwards v. Edwards (District Court, D. Colorado 2020)“…on for Dissolution of Marriage Without Children Pursuant to C.R.S. 14-10-106. See (Doc. # 1 at 1). The parties have…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Colorado: Requirements & How It Works (2026), Colorado Divorce Laws (2026): Grounds, Residency, and Process, Colorado Annulment Laws: Grounds, Deadlines and How to File (2026)
§ 14-10-120DecreeIn force
(1) A decree of dissolution of marriage or of legal separation is final when entered, subject to the right of appeal. An appeal from the decree of dissolution that does not challenge the finding that the marriage is irretrievably broken does not delay the finality of that provision of the decree which dissolves the marriage beyond the time for appealing from that provision, so that either of the parties may remarry pending appeal. (2) No earlier than one hundred eighty-two days after entry of a decree of legal separation, on motion of either party and proof that a notice has been mailed to the other party at his or her last-known address, the court shall convert the decree of legal separation to a decree of dissolution of marriage, and a copy thereof shall be mailed to both parties. (3) The clerk of the court shall give notice of the entry of a decree of dissolution to the office of state registrar of vital statistics in the division of administration of the department of public health and environment, which office shall make this information available to the public upon request.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
§ 14-10-113Disposition of property - definitionsIn forcecited in 2 of our articles
(1) In a proceeding for dissolution of marriage or in a proceeding for legal separation or in a proceeding for disposition of property following the previous dissolution of marriage by a court which at the time of the prior dissolution of the marriage lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court, subject to the provisions of subsection (7) of this section, shall set apart to each spouse his or her property and shall divide the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors including: (a) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; (b) The value of the property set apart to each spouse; (c) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with whom any children reside the majority of the time; and (d) Any increases or decreases in the value of the separate property…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- IN RE the MARRIAGE OF Delinda EVANS, and Kenneth Evans (Colorado Court of Appeals 2021, 504 P.3d 988)“…I and remanded the case for "further findings regarding the C.R.S. § 14-10-113 factors on which the magistrate relied…”
- People v. Varallo (Supreme Court of Colorado 2002, 61 P.3d 38)“…to be prepared by the attorney for Ms. Dougherty-Trentlage. C.R.S. § 14-10-113 provides that such QDRO should be prepa…”
- Marriage of Renninger (Colorado Court of Appeals 2021)“…dered and treated as “Separate Property” pursuan t to C.R.S. Section 14-10-113 in the ev ent of dissolution of the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 14-10-114Spousal maintenance - advisory guidelines - legislative declaration - definitionsIn forcecited in 2 of our articles
(1) Legislative declaration. (a) The general assembly hereby finds that: (I) The economic lives of spouses are frequently closely intertwined in marriage and that it is often impossible to later segregate the respective decisions and contributions of the spouses; and (II) Consequently, awarding spousal maintenance may be appropriate if a spouse needs support and the other spouse has the ability to pay support. (b) The general assembly further finds that: (I) Because the statutes provide little guidance to the court concerning maintenance awards, there has been inconsistency in the amount and term of maintenance awarded in different judicial districts across the state in cases that involve similar factual circumstances; and (II) Courts and litigants would benefit from the establishment of a more detailed statutory framework that includes advisory guidelines to be considered as a starting point for the determination of fair and equitable maintenance awards.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at olls.info
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- of Wright (Colorado Court of Appeals 2020, 459 P.3d 757)“…s $9,583 per month. The Court finds that under C.R.S. § 14-10-114, the Court is able to find that the…”
- Peters v. Wise (Court of Appeals for the Tenth Circuit 2003, 346 F.3d 1239)“…iability of husband than property interest of wife). Under Colo. Rev. Stat. § 14-10-114(3), a court will award maintenance onl…”
- Baird v. Long (In Re Baird) (District Court, D. Colorado 1993, 152 B.R. 636)“…led a petition for spousal maintenance in state court under Colo.Rev.Stat. § 14-10-114(1), seeking an award of support in ligh…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Colorado Spousal Maintenance (Alimony) Laws: The Advisory Guideline (2026)
§ 14-10-112Separation agreementIn force
(1) To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for the maintenance of either of them, the disposition of any property owned by either of them, and the allocation of parental responsibilities, support, and parenting time of their children. (2) In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except terms providing for the allocation of parental responsibilities, support, and parenting time of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the separation agreement is unconscionable. (3) If the court finds the separation agreement unconscionable, the court may request the parties to submit a revised separation agreement, or the court may make orders for the disposition of property, support, and maintenance.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
§ 14-10-107Commencement - pleadings - abolition of existing defenses - automatic, temporary injunction - enforcementIn forcecited in 2 of our articles
(1) All proceedings under this article shall be commenced in the manner provided by the Colorado rules of civil procedure. (2) The petition in a proceeding for dissolution of marriage or legal separation shall allege that the marriage is irretrievably broken and shall set forth: (a) The residence of each party and the length of residence in this state; (b) The date and place of the marriage; (c) The date on which the parties separated; (d) The names, ages, and addresses of any living children of the marriage and whether the wife is pregnant; (e) Any arrangements as to the allocation of parental responsibilities with respect to the children of the marriage and support of the children and the maintenance of a spouse; (f) The relief sought; and (g) A written acknowledgment by the petitioner and the co-petitioner, if any, that he or she has received a copy of, has read, and understands the terms of the automatic temporary injunction required by paragraph (b) of subsection (4) of this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2011
Opinions citing this section in our collection:
- People v. McNamara (Supreme Court of Colorado 2011, 275 P.3d 792)“…Respondent argued that a temporary injunetion pursuant to CRS. § 14-10-107 was in effect, which prohibited either…”
- Bear v. Sitlington (Court of Appeals for the Seventh Circuit 2001, 20 F. App'x 551)“…ling, or in any way disposing of ... any marital property.” C.R.S. 14-10-107(4)(b)(I)(A). However, there is more to…”
- Montero v. Meyer (District Court, D. Colorado 1992, 790 F. Supp. 1531)“…s foreclosure), and actions for marriage dissolution. See Colo.Rev. Stat. § 14-10-107(4)(a). . I note that the short, s…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 14-10-110Irretrievable breakdownIn forcecited in 2 of our articles
(1) If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken or one of the parties has so stated and the other has not denied it, there is a presumption of such fact, and, unless controverted by evidence, the court shall, after hearing, make a finding that the marriage is irretrievably broken. (2) If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the petition and the prospect of reconciliation, and shall: (a) Make a finding whether the marriage is irretrievably broken; or (b) Continue the matter for further hearing not less than thirty-five days nor more than sixty-three days later, or as soon thereafter as the matter may be reached on the court's calendar, and may suggest to the parties that they seek counseling. At the adjourned hearing, the court shall make a finding whether the marriage is irretrievably broken.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2009
Opinions citing this section in our collection:
- People v. Beecher (Supreme Court of Colorado 2009, 224 P.3d 442)“…r would exercise in the situation. 2 . CRS. § 14-10-110(1) provides that if both parties by pet…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- C.R.S. 14-10-106, 14-10-107, 14-10-108, 14-10-110, 14-10-112, 14-10-113, 14-10-114 and 14-10-120, Colorado Revised Statutes 2026, Title 14(olls.info).gov
- Colorado Judicial Branch, Divorce or Legal Separation (self-help and forms)(coloradojudicial.gov).gov
- Colorado Judicial Branch, Legal Separation to a Divorce(coloradojudicial.gov).gov
- C.R.S. 15-11-802(1) and (2)(c) (effect of divorce, annulment and decree of separation), Colorado Revised Statutes 2026, Title 15(olls.info).gov
- Colorado Office of Legislative Legal Services, Red Book 2026(content.leg.colorado.gov).gov
- Colorado General Assembly, 2026 Digest of Bills(content.leg.colorado.gov).gov
- Colorado Judicial Branch, Divorce and Separation self-help(coloradojudicial.gov).gov