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 10 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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