What is a separation notice and when should it be used? Typically a separation notice implies that one of the parties has filed a specific kind of case in the District Court Family Law matter. A separation notice is typically used when someone has filed a legal separation or a divorce action with the District Court.
Let me kind of give you some ideas of what a legal separation is. Colorado does not recognize an informal physical separation of the parties. When I’m talking to someone and they tell me, “Well, we’ve been physically separated for 15 years and we live apart.” Unless there’s a court action that has resulted in a decree of legal separation which defines what the rights and responsibilities are of the parties who have been physically separated, the court does not recognize that informal physical separation. What is recognized would be a legal separation where the court obtains a decree of legal separation that the parties have filed pursuant to an agreement that the party separates as to how they are going to handle the children in cases involving children and how they’re going to handle property and debt issues.
The one distinction between a legal separation and a divorce is that at the end of a legal separation, that is when the court enters a decree of legal separation the parties are still married. The parties will remain married indefinitely unless one of the parties takes action to convert a legal separation to a divorce decree. By law in Colorado after 6 months from the date of the legal separation decree either party can convert that to a decree of dissolution of marriage