Colorado Springs Legal Separation Lawyers

When your marriage breaks down, you will be faced with many decisions. One of those is whether to initiate the process of divorce or opt for the alternative of a legal separation. While the majority of people divorce, some couples prefer to take the route of legal separation. The processes for both are similar except for the end result. The result of divorce is the return of being single and free to marry again while the result of legal separation is that you and your spouse are still married while living separate lives. 

If you would like to discuss the alternatives of divorce vs. legal separation with a Colorado family law attorney to learn more, we recommend that you turn to Aviso Law. Our legal team has been representing individuals throughout El Paso County in these matters since 2007. We bring invaluable experience, knowledge, and resources to our clients along with the easy, approachable service style of our personable team. We can ensure that you understand all of your options in ending the marital relationship, and how they will affect your life, and help you navigate the one that best suits your needs and goals. 

Reach out to Aviso Law for a free phone consultation with a Colorado Springs legal separation attorney by contacting us online or at (719) 356-5552 today. 

Why Opt for Legal Separation?

Various personal, religious, and financial reasons may make legal separation the better choice for certain individuals. Divorce is a permanent legal ending of a marital relationship that does not make room for the opportunity to work toward a potential reconciliation. A legal separation gives the spouses the space and time to do so after which they may or may not convert the separation decree into divorce.

Other reasons for choosing legal separation can include:

• The couple is undecided about pursuing the permanence of divorce
• Divorce violates religious or moral principles while legal separation does not
• Concerns about how divorce will impact children
• Financial benefits, including the ability to maintain a spouse’s health insurance under the other spouse’s employment as well as the ability of a spouse to collect Social Security, military, and pension benefits and payouts
• Tax benefits that allow you to continue to file joint returns

The Process of Legal Separation

The legal process of legal separation involves the resolution of the same issues as divorce. It starts by filing a petition with the court stating the reason for your separation. Since Colorado operates on a no-fault divorce policy, this allows you to file your petition based on irreconcilable differences. Thus, you will not have to prove marital misconduct in court as to why you wish to separate. 

After filing, you will have to wait a minimum of 90 days, during which time you can work out the terms of your separation with your spouse. These terms must involve the issues of child custody/parenting plans, the division of marital property and debt, child support, and spousal maintenance. If you and your spouse cannot agree on these issues, the court will make a ruling. Once the legal separation decree is issued by the court, you and your spouse will become independent of one another while still legally married. 

Should either spouse eventually wish to remarry, you can have the separation converted into a divorce after six months from the date of the separation. 

Legal separation in Colorado is a process where a married couple can legally separate without a full divorce. This can be beneficial for couples who want to separate but may eventually reconcile or who have religious or other reasons for not wanting a full divorce.   

It is important to note that legal process of legal separation involves the resolution of the same issues as divorce

The Process:

Filing the Petition:

• One or both spouses can file a petition for legal separation with the district court in the county where one of the spouses resides.   
• The petition should outline the terms of the separation, including issues like property division, child custody, child support, and spousal maintenance.   

Serving the Other Spouse:

• The spouse who filed the petition must serve the other spouse with a copy of the petition and summons.   

Response:

• The spouse who is served with the petition has a specific timeframe to file a response.

Negotiation and Mediation:

• Couples may choose to negotiate or mediate to reach an agreement on the terms of the separation.   
• Mediation can be a helpful way to resolve disputes and reach a mutually agreeable settlement.    

Court Hearing:

• If the parties cannot reach an agreement, the court will hold a hearing to determine the terms of the separation.   
• The court will consider factors such as the best interests of the children, the financial circumstances of the spouses, and the specific needs of each spouse.   

Decree of Legal Separation:

• The court will issue a decree of legal separation, which outlines the terms of the separation, including property division, child custody, child support, and spousal maintenance.   

Key Points to Remember:

• Legal Status: While legally separated, the spouses remain married and cannot remarry without first obtaining a divorce.   
• Property Division: The court will divide marital property equitably, considering all the factors outlined in C.R.S. 14-10-113 such as the contributions of each spouse and the economic circumstances of each spouse.   
• Child Custody and Support: The court will determine custody and support arrangements for any minor children.   
• Spousal Maintenance: The court may award spousal maintenance to one spouse, depending on the circumstances of the case and the factors in C.R.S. 14-10-114.
• Tax Implications: Legal separation can have tax implications, so it's important to consult with a tax professional.

It's important to consult with an experienced family law attorney can help you navigate the legal process and protect your rights.

Ready to Get Started?

If you are contemplating a legal separation, Aviso Law can help you understand all facets of the process, help you negotiate terms to optimum advantage, and help you navigate the matter through the courts. Our team has helped innumerable Coloradans in resolving both divorce and legal separation to beneficial results. 

Contact Aviso Law via email or phone at (719) 356-5552 today.