LEGAL SEPARATION ATTORNEYS
IN COLORADO
Legal separation can be a complex and emotional process, and having an experienced attorney to guide you through it can make a significant difference. If you are looking for a legal separation lawyer in Colorado, you have come to the right place. Modern Family Law's Colorado lawyers are skilled in legal separation and are ready to provide legal advice and representation for couples seeking a separation.
Modern Family Law's lawyers can help you navigate the legal system and negotiate the terms of your separation agreement to protect your interests and ensure a fair outcome. There are important distinctions between a legal separation and a divorce that our attorneys are prepared to walk you through. Learn about legal separation in Colorado below including:
Our experienced Colorado separation attorneys want to help you take control of your future. They are here to guide you through the legal separation process and ensure that your rights and interests are protected. Whether you're facing complex financial issues, child custody concerns, or other challenges, our attorneys can help you reach a fair and equitable resolution that allows you to move forward with your life.
WHAT IS A LEGAL SEPARATION
IN COLORADO?
In Colorado, legal separation is a legal process by which a married couple can formalize a separation agreement, which addresses issues related to property division, spousal support, child custody, and child support. The process of legal separation is similar to divorce, but the couple remains legally married and cannot remarry unless they obtain a divorce.
To initiate a legal separation in Colorado, one spouse must file a petition for legal separation with the court. The petition must include information about the couple's property, debts, and children, as well as the terms of the proposed separation agreement. The other spouse will then have an opportunity to respond to the petition and negotiate the terms of the agreement.
If the couple is able to reach an agreement, the court will issue a legal separation decree, which formalizes the terms of the separation agreement. If the couple is unable to reach an agreement, the case may proceed to trial, where a judge will make a decision about the terms of the separation agreement.
It is important to note that legal separation in Colorado is not a requirement for obtaining a divorce. If a couple decides to divorce after obtaining a legal separation decree, they can use the decree as the basis for the divorce settlement agreement.
WHAT IS THE DIFFERENCE BETWEEN
A LEGAL SEPARATION AND A DIVORCE?
In Colorado, a legal separation and a divorce are both legal processes that involve the division of assets and liabilities, spousal support, and parenting time if applicable. However, there are some important differences between the two.
1. Finality: A divorce ends the marriage, while a legal separation does not. In a legal separation, the couple remains legally married but lives apart and divides their assets and debts, arranges for spousal support, and establishes a parenting plan.
2. Time & Expense: A legal separation can take less time and be less expensive than a divorce since it doesn’t require the same extensive legal process as a divorce.
3. Health Insurance: Another significant difference is that in a legal separation, the couple can remain on the same health insurance plan if that is available, but in a divorce, they will need to find separate coverage.
Overall, legal separation and divorce are two different legal processes that serve different purposes. While they share some similarities, a legal separation allows a couple to separate while remaining legally married, while a divorce dissolves the marriage completely.
” A legal separation can only be granted with the consent of both spouses. If one spouse files a petition for legal separation, the other spouse may request the court issue a decree of dissolution instead of a legal separation.“
WHY DO SOME COUPLES CHOOSE
LEGAL SEPARATION INSTEAD OF DIVORCE?
Choosing between divorce and separation is not a straightforward decision. For some couples, legal separation is preferred as it provides a break from the relationship, leaving open the possibility of reconciliation, while divorce is seen as too permanent of an option. In other cases, religious or moral objections to divorce may prompt a couple to opt for separation instead.
In addition to these common reasons, legal separation may also be appropriate for other reasons such as easing into the idea of divorce, maintaining a spouse's medical insurance, avoiding the social stigma that comes with divorce, preserving specific military or employment-related benefits that would be lost in a divorce, or taking advantage of federal tax benefits for married couples. If you are unsure if a legal separation is right for you, it is always advised that you speak with a legal professional to discuss the best course of action for your particular circumstances.
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FREQUENTLY ASKED QUESTIONS ABOUT
LEGAL SEPARATION IN COLORADO
What Is A Trial Separation?
A trial separation is an informal arrangement in which a couple decides to spend time apart from each other while still remaining legally married. During a trial separation, the couple typically agrees on a time frame for the separation, and one or both partners may move out of the shared residence. The purpose of a trial separation is often to give the couple space to work on their issues and decide whether they want to continue the marriage or pursue a divorce.
What Is A Separation Agreement?
A separation agreement is a legal document that outlines the terms of separation between two individuals who are married or in a domestic partnership. This agreement sets out the rights and responsibilities of each partner during the separation period and typically covers a range of issues, such as child custody and support, division of assets and debts, spousal support, and living arrangements.
The separation agreement is a binding contract between the parties and is typically negotiated and signed with the assistance of attorneys. It is intended to provide a framework for the separation and help avoid disputes that might arise in the future. In Colorado, the legal separation process starts by completing the JDF-1101.
How Is Custody Determined In A Legal Separation?
Similar to divorce, when children are involved in a separation, the court’s primary objective is to ensure the children’s best interests are protected. In most cases, it’s in the children’s best interest to maintain a meaningful relationship with both parents. However, if the parents cannot agree on custody, the court will consider a specific set of factors to determine what is best for the children. The court will typically consider the parent’s ability to provide a stable home, food, clothing, affection, and structure for the child.
In certain situations, the court may require parents to attend mediation or parenting classes before making a custody decision. If the parents cannot come to an agreement, the court will assign physical custody (where the child will live) and legal custody (who will make significant decisions for the child) and establish a visitation schedule for the non-custodial parent and the child.
OUR COLORADO LEGAL SEPARATION OFFICE LOCATIONS
FORT COLLINS
DIVORCE LAWYERS
3711 John F Kennedy Pkwy Suite 225,
Fort Collins, CO 80525
(970) 410-8241
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