Denver Legal Separation Attorneys
Denver Attorneys Helping Couples With Legal Separation
Physical separation and legal separation are two entirely different things. Some Colorado married couples would prefer to get a legal separation rather than a divorce. With a legal separation, in some situations, one spouse can continue to remain on the other spouse’s health insurance policy. Others choose this status for religious reasons. Whatever the motivation, a legal separation usually means there is a possibility of reconciliation, even if that possibility is small. However, many would be surprised to learn that the process of legal separation is not easier than divorce. Some key differences are that you end up with a decree of legal separation rather than a decree of dissolution of marriage, and you cannot marry someone else until you get divorced. Our Denver legal separation attorneys at Plog & Stein, P.C. can help you explore this alternative solution and guide you through the process should you choose to pursue it.
Looking to legally separate? Request an in-person consultation online or call us at (303) 781-0322.
What Is Legal Separation?
Legal separation is a legal process that allows couples to live apart while remaining married. Unlike divorce, it keeps the marital bond intact, providing an option for those with religious, financial, or personal reasons for not ending the marriage. During a legal separation, couples can establish agreements regarding finances, child custody, and other obligations, creating clear boundaries while maintaining their legal status as a married couple.
Benefits of Legal Separation
Choosing legal separation can provide several advantages for couples. While living apart, you and your spouse can retain benefits like shared health insurance coverage and certain tax advantages. It also offers a trial period for couples to evaluate their relationship without finalizing a divorce, serving as a pathway to reconciliation or a thoughtful step toward ending the marriage.
Working with a Denver legal separation attorney ensures the protection of your rights and needs during this transitional phase. While legal separation offers flexibility, it’s not a one-size-fits-all solution. Speaking with an attorney will help you weigh its potential drawbacks and decide if it’s the right option for you.
Drawbacks of Legal Separation
While legal separation has its advantages, there are notable downsides. For one, it requires a formal legal process similar to divorce, involving court fees, legal documents, and agreements on property division and support. Couples who later choose divorce will need to revisit some of these steps, potentially leading to added time and expense.
Additionally, legal separation doesn’t entirely sever financial ties. Debts incurred by either spouse may still affect the other. If your goal is complete independence from your spouse, divorce might be the more suitable option. A skilled attorney for legal separation can help you assess these factors and determine the best course of action.
Legal Separation vs Divorce
Unlike divorce, legal separation keeps the marital bond intact, which can be important for religious, financial, or personal reasons. It allows couples to live apart while remaining legally married, often providing time and space to decide if reconciliation is possible. Additionally, legal separation can help establish clear boundaries for finances, child custody, and other obligations without permanently ending the marriage.
Child Custody and Support in Legal Separation
Child custody and support are key concerns for parents during a separation. In Colorado, legal separation addresses parenting plans, decision-making responsibilities, and child support payments, just as divorce does. These arrangements are established with the child’s best interests, ensuring their stability and well-being.
Working with experienced Denver legal separation lawyers ensures that custody and support agreements are fair and comprehensive. The court will consider factors like the child’s needs, parental income, and each parent’s ability to provide a nurturing environment.
It’s worth noting that agreements made during a legal separation can often serve as the basis for a divorce later. This continuity can simplify the transition if reconciliation is not possible. Protecting your children’s future is always a priority, regardless of circumstances.
Filing For Legal Separation in Denver
The process of separation is procedurally similar to dissolution. Like divorce, legal separation starts with filing a petition notifying the court and the other spouse. As with divorce, either you or your spouse or both of you must have lived in Colorado for the 91 days preceding the commencement of legal separation. You can file your petition in the county of residence for both of you, or the other party if you live in different counties.
The petition specifies what you want the court to order with regard to issues such as:
- Property division
- Parental time
- Spousal support
- Child support
- Retirement
- Health insurance
Before filing the petition, some couples choose to enter into a written legal separation agreement under Colorado Revised Statutes section 14-10-112, which includes provisions for all the same issues that would need resolution in a divorce. Other than provisions related to allocation of parental responsibilities, support, and parenting time, these provisions are binding upon the court in a petition either for divorce or legal separation.
The court can, however, find the separation agreement unconscionable after examining the parties’ economic circumstances or other relevant evidence. If the court finds that the agreement is unconscionable, it can request the parties to submit a revision or make other orders. Generally, if both parties are represented by their own attorneys and agree, the court is less likely to find a negotiated separation agreement unconscionable.
Once orders are entered in your legal separation matter, whether via a separation agreement or a court order, they are binding on the parties as to the division or allocation of assets, support, etc. Given that the issues in the legal separation action are the same as in a divorce, it’s not uncommon for parties to start a case as a legal separation action, only to have it converted to a divorce case mid-stream. It is important that you contact an attorney if you want to learn more about how to file for legal separation.
Grounds for Legal Separation in Colorado
Colorado is a no-fault state, which means that couples seeking legal separation only need to demonstrate that their marriage is irretrievably broken. Unlike some states, Colorado does not require one spouse to prove wrongdoing, such as adultery or abandonment, to pursue a legal separation. This straightforward approach allows couples to focus on resolving practical issues without assigning blame.
When filing for legal separation, you must meet Colorado’s residency requirements. At least one spouse must have lived in the state for 91 days before filing the petition. Partnering with a Denver legal separation attorney can simplify this process, ensuring all paperwork is accurate and deadlines are met.
Irretrievable Breakdown of Marriage
The sole ground for legal separation in Colorado is the irretrievable breakdown of the marriage. This means the relationship has deteriorated to the point where reconciliation is no longer possible. Either spouse can make this claim, and the court will accept it without further evidence.
Mutual Agreement or Dispute
If both spouses agree that the marriage is irretrievably broken, the court will proceed with the legal separation. If one spouse denies this, the court may hold a hearing to determine whether the breakdown exists, considering evidence such as prolonged separation or ongoing conflict.
No Proof of Fault Required
Unlike states that require proof of wrongdoing, Colorado’s no-fault approach simplifies the process, reducing the emotional toll and focusing on practical matters like child custody and property division.
By understanding these grounds, you can confidently approach the legal separation process. Whether you’re filing independently or as a couple, working with a legal separation attorney ensures efficient handling of your case, allowing you to focus on planning your future.
What Happens After Your Decree of Legal Separation Enters?
Six months after a decree of legal separation has been issued, either spouse can convert it to a decree of dissolution. Statute affords no legal basis to challenge such a request. Unless you have specified otherwise, the settlement terms applied to the divorce are usually the same as those for the separation.
Discuss Your Family Law Matter With Our Denver Legal Separation Lawyers!
Hiring an experienced family law lawyer may allow individuals to save money over the long term and ensure that their interests are guarded. At Plog & Stein, P.C., our family law attorneys work strategically, keeping you informed of how potential actions may affect both the outcome of the case and the financial cost of the separation, as well as a divorce, if that becomes an issue. The legal separation lawyers at our Denver firm are familiar with each step of the process and can put our insights to work for you. After all, we have more than 70 years of combined experience!
For more information about how we can help you with legal separation, please call our office at your earliest convenience.
