Also known as: judgements of legal separation · judgment for legal separation · decree of legal separation · legal separation judgment
Written by attorneys — see sources below.
A court decree that alters the preexisting marital status of both spouses equally by declaring them legally separated while leaving the marriage intact. The decree is granted upon the request of one party unless the other objects. After six months either spouse may move for conversion of the decree into a dissolution of marriage.
Jose Jimenez and Joanna Jung obtained a judgment of legal separation seven months earlier. Jose now files a motion asking the court to convert the judgment into a decree of dissolution. Joanna objects because an ethics investigation into their joint finances remains pending. The court grants the motion because more than six months have elapsed and either party may require conversion.
Jillian James and Jorge Juarez receive a judgment of legal separation. Six weeks later Jillian purchases new equipment for her separate business using post-separation earnings. When the court later divides assets in the dissolution proceeding it treats the equipment as non-marital property because it was acquired after entry of the judgment of legal separation.
Anne P. Graham and Dennis J. Graham were married on August 5, 1968, in Denver, Colorado. Throughout the six-year marriage Anne worked full-time as an airline stewardess and contributed seventy percent of the financial support used for family expenses and Dennis's education. Dennis attended school for approximately three and one-half years of the marriage and obtained a bachelor of science degree in engineering physics and a master’s degree in business administration at the University of Colorado. The couple jointly managed an apartment house and Anne performed the majority of the housework and cooking. No children were born during the marriage and no marital assets were accumulated. On February 4, 1974, the parties jointly filed a petition for dissolution in the Boulder County District Court. Anne did not make a claim for maintenance or attorney fees. After a hearing on October 24, 1974, the trial court found that the education obtained by Dennis during the marriage was jointly-owned property. The court evaluated the future earnings value of the M.B.A. at $82,836 and awarded Anne $33,134 payable in monthly installments of $100. The Colorado Court of Appeals reviewed the trial court's decision in Graham v. Graham, 38 Colo. App. 130, 555 P.2d 527 and reversed it. The Supreme Court of Colorado then took up the case.
View caseYes. The decree operates on the marital status of the marriage as a unit and may not declare one spouse legally separated while leaving the other married for any purpose. A judgment that purports to separate only one spouse is defective and subject to amendment.
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No earlier than six months after entry of the judgment, either party may move for conversion. The court must grant the motion. It has no discretion to deny conversion based on pending investigations, business concerns, or lack of consent by the non-moving spouse.
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No. The marital-status portion of a dissolution decree is final when entered unless that specific provision is appealed. An appeal limited to property division or valuation does not prevent either party from remarrying once the time to appeal the status determination has expired.
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…or in exchange for property acquired by gift, bequest, devise, or descent; “(c) Property acquired by a spouse after a decree of legal separation; and “(d) Property excluded by valid agreement of the parties.” Section 14-10-113(2), C.R.S. 1973. The parties to this proceeding were married on August 5, 1968, in Denver, Colorado.…