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

Asked almost 5 years ago - 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)

  1. Ann Catherine Gushurst

    Contributor Level 8

    Answered . 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.

  2. Maury Devereau Beaulier

    Contributor Level 20

    Answered . 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.

  3. David Alexander Browde

    Pro

    Contributor Level 20

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

Related Topics

Legal separation and divorce

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

Divorce court

Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.

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