A legal separation is treated just as divorce is in El Paso County. Everything gets taken into account, whether it be assets, debt, parenting time, or custody. The difference between a legal separation and a divorce is that although the parties will be legally separated, they are still legally married. In most cases, when people prefer a legal separation rather than a divorce it’s due to religious beliefs, cultural beliefs, or for the sake of keeping spousal insurance that they would otherwise lose in a divorce.

Legal separation and divorce are basically the same procedure, the only difference would be your title. In a divorce you are dissolved in marriage, you break all ties with the other party and never have to speak to them if you don’t want to. In a legal separation, you still divide assets, properties, and/or debts, you still agree on a parenting plan, and you still hold the title of being legally married. If you change your mind and decide you do want a divorce you can still file for a divorce after being legally separated.

A no-fault divorce means that neither you nor the other party must give reasons for why you are getting a divorce. The state of Colorado is a no-fault divorce state, which means you don’t need any “grounds to divorce”, as long as your marriage with the other party is irretrievably broken then you can file for divorce.

Well, what exactly does this mean? Is this a good thing or a bad thing for parties considering a divorce in Colorado Springs? In a no-fault state like Colorado, the court does not take into consideration any misconduct for reasons of divorce such as adultery, desertion, insanity, amongst others. The court will want to know if the marriage is irretrievably broken, if both consent then that is enough to get a divorce. However, the court will weigh in those factors during the dissolution of marriage when making determinations related to the best interest of the children.

Being a no-fault state can be noticed as a good thing because it allows for a quicker and less expensive divorce process considering there will be less conflict from parties trying to prove who was at fault for ruining the marriage and causing a divorce. The term “uncontested divorce” is a common term used when both parties already have an agreement on a parenting plan and the division of assets and only need to file for a divorce decree.

Going through a divorce is stressful on its own, it’s increasingly stressful when you have to think about dividing your property. There are two types of properties that will be addressed in the process of divorce: Marital property and separate property.

Marital property is any property acquired during the marriage. This includes a home, automobile, checking accounts, saving accounts, 401k, furniture, etc. Separate property is property or assets you had before the marriage, again such as a house, cars, furniture, pets, etc. Each family matter is entirely different. To get a better understanding of what your case might look like it’s always best to seek legal advice from an attorney who specializes in family matters.

The process for debt division works the same as property division. Any debt acquired by the parties during the marriage is considered marital debt which means it will be divided amongst the parties as equally as possible considering the circumstances of both parties.

Many people tend to believe that property division and debt division are made 50/50 between both parties but that is simply not true. Although it may not always seem like a fair division, the court aims to provide both parties with an equitable division according to their financial standings. Some parties may agree to sell their assets and split the proceeds 50/50, some decide to buy one party out to stay in their home or keep a vehicle, but it’s not always that simple. It’s common to see conflict and back and forth disputes regarding property and debt division.

An annulment is to cancel or void a marriage as if it never existed. In Colorado Springs, annulments are handled a little differently than in other states. When filing with the court you don’t file an “annulment of marriage” but rather a “Declaration of Invalidity of Marriage”; therefore, you must be able to prove that your marriage was invalid. If you are married and no longer want to be married, you must go through the process of divorce. If you meet the requirements that prove your marriage was not valid then you do not go through the divorce process because the marriage will need to be voided. There are certain requirements and time frames you must meet before filing in court. If you got married in Colorado you can file at any time, but if you got married outside of Colorado you or your spouse will need to live in Colorado for 30 days before filing.

Here are a few reasons to ask the court for an annulment:

• The person you married was still married to someone else
• Fraudulence (Green card marriage, terminal illness, assets)
• Underage spouse
• Blood relationship
• Inability to consent to marriage

A military divorce is filed the same as a civilian divorce at El Paso county court. Although the procedures for a military divorce are the same as a civilian divorce, a military divorce should not be treated the same because it’s not. There are additional considerations to take into account when filing a military divorce. For example, a party may not only have property division to consider but also any pensions or benefits such as health care or 401k that were gained as a military member. Military members also have a Servicemember Civil Relief Act. This helps protect the rights of the member while on active duty. The Civil Relief Act may allow any civil court hearings to be extended if the military member isn’t able to attend, it also protects the military member from judgments or contempt of court if they fail to respond or attend a hearing due to their active duty status.

Going through a divorce is tough, especially with all of the stresses of military life. Fortunately for military members and their spouses, free legal advice and assistance are available via each installation’s legal assistance office. These offices are there to help, but can only provide legal guidance for one spouse or the other. They can not help both, due to a conflict of interest.

JAG officers are also available as a resource for military members and their spouses considering divorce. They can help spell out the legal implications of your divorce case. However, they cannot represent you as an attorney in a family law court. They can, however, refer you to a civilian family law attorney, such as Modern Family Law.

Our Colorado family law attorneys at Modern Family Law are knowledgeable in military divorces. We are ready to help.  Don’t hesitate to contact us today for a free consultation to discuss your case with one of our divorce attorneys in Colorado Springs.

After a divorce process, the court issues a final decree. A decree is a final order that states the divorce is official and it includes the orders pertaining to property and debt division, child support/spousal support, and parenting time. Once the court puts these orders in place they are permanent. However, a decree can be modified after a period of time if circumstances have substantially changed since the order was finalized. This is called a Post Decree Modification, also known as a decree modification.

The two most common circumstances that allow for a decree modification are changes in income due to a new job or losing a job and changes in daily life such as moving with children into a new neighborhood or new school. Contempt of court is another reason to file for a decree modification if one of the parents is not following the order, the other parent can file a contempt to modify the order in the best interest of the child.

Collaborative divorce in Colorado allows couples to work together to reach a mutually beneficial agreement with the help of collaboratively trained attorneys. They disclose all relevant information and prioritize issues that need to be addressed. Other professionals may also be involved in making informed decisions about issues like property division, spousal support, and parenting arrangements. Once an agreement is reached, the attorneys will prepare the necessary legal documents and submit them to the court for approval.