in colorado a couple who wants to split are given 2 options: divorce
or legal separation.  i understand the two options are, for practical
purposes, identical.  both generate a "decree of dissolution of
marriage".  perhaps the only real difference is that separated couples
are not free to remarry.

so what is the situation if the two choose to reunite later?  a
divorced couple obviously must remarry.  but does a separated couple
simply "unseparate" and somehow rescind the dissolution, or must they
too marry a second time?

---

Clarification of Question by walton-ga on 11 Mar 2005 07:05 PST

oops.  i've just been told that separation may not in fact generate a
"disolution of marriage" decree.  now i'm really confused.  anyways,
the question remains:  must a separated couple in colorado, who wishes
to reunite, remarry or somehow just "unseparate"?

Dear walton-ga;

Thank you for allowing me to answer your interesting question. If you
have read our disclaimer you already know that this cannot substitute
for legal advice and I can merely point out what has been published on
the subject:

When a Colorado couple files with the state to interrupt their legal
marriage obligations, a Colorado judge (or magistrate) enters a final
Order, known as either:

-- A decree of dissolution of marriage - the legal term for a
?divorce? in Colorado and establishes the financial obligations of the
divorcing parties, and finally and completely ends the legal
relationship for all purposes.

-- A decree of legal separation - declares married parties to be
separate persons financially, and without responsibility for the
other?s support, debts or taxes, except as ordered by the decree.

As you said, with a legal separation the parties cannot legally
remarry unless they seek to convert their legal separation to a
divorce (?dissolution of marriage?).
  

CONVERTING A DECREE OF LEGAL SEPARATION TO A DECREE OF DISSOLUTION 
http://www.coloradodivorcemediation.com/spotlight/legal-separation.asp#converting

Why legally separate and not divorce if the two are fundamentally the same thing? 

Well, parties who have been granted a decree of legal separation do
not lose their inheritance rights under Colorado law, and in some
cases they are able to maintain insurance or retirement-related
benefits after a decree of legal separation (which they would lose if
they were formally divorced). In addition a legal separation also
allows spouses time to accumulate the necessary marriage entitlements
under current Social Security laws, and in other cases it is more
acceptable in the separating parties? religious faith to separate
rather than legally divorce.

In Colorado, legally separated couples are no longer bound to one
another in terms of married obligations (other than that specified in
the court?s separation order of course) and they are technically still
married to each other (which is why they are not free to remarry). The
separated parties may reconcile and resume living together as husband
and wife at any time without seeking any judicial authority (i.e.
there is no need to remarry each other; they are already married to
one another as long as the dissolution of marriage is not filed).

SEPARATION, ANNULMENT AND DIVORCE
http://www.abanet.org/publiced/practical/books/family/chapter_8.pdf
(See last paragraph, page 3)

I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



INFORMATION SOURCES

DIVORCE V. LEGAL SEPARATION: A COLORADO PERSPECTIVE
http://www.divorcehq.com/articles/divorceseparation.html


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excellent!  exactly what i was looking for.