Is there a waiting period for a legal separation?
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Is there a waiting period for a legal separation?
We’re looking to get a legal separation, not a divorce, and are getting conflicting information on whether the 90 waiting period applies to a legal separation. In CO.
Asked on December 18, 2011 under Family Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your situation. I am assuming that you wish to enter in to a legal separation because of other issues, such as health coverage or benefits that would terminate under a divorce decree, correct? Both a legal separation and a divorce would allow you to settle the issues between you - property distributon, etc. - in writing. And it is my understanding that the 90 day waiting period does not apply to legal separations. Further, the agreement can be converted to a dissolution after 6 months. I would speak with an attorney in your area to confirm. Good luck.
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