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I was legally separated 7 years ago in CO. We reconciled later, but want to file divorce now. Can I petition court to divorce?

Windsor, CO |

We reconciled after a legal separation 7 years ago in Colorado. However, we want to divorce now. Can I just petition the court and use the papers from the legal separation, or do I have to start all over again?

Attorney Answers 3


You would serve and file a Petition for Divorce which can mirror the legal separation. You can seek the relief granted in the legal separation, but the court is not bound by that order or those agreements.

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Check with the court clerk. Most likely you'll have to start again.

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Actually, if the legal separation is still in effect, in Colorado you can convert that to a divorce decree by filing a motion to that effect, pursuant to CRS 14-10-120 that states you have sent notice to your spouse that you wish to convert the legal separation to a decree of divorce. Nothing about the decree of legal separation is affected by the reconciliation unless you took steps to dissolve the legal separation. You do not have to file a separate petition for divorce.

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