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While many couples turn to divorce to end their lives together, some might find a viable option in a legal separation. Separation is quite similar to a divorce, with the exception that the couple is still legally married. Colorado doesn’t require much for couples to request a separation.
Legal separation is different from divorce. The big difference between divorce and separation in Colorado is that separation in itself doesn’t legally end the marriage. Only a legal divorce can end a marriage. Spouses who aren’t divorced aren’t free to remarry. Couples choose separation over divorce for various reasons, including religious reasons, insurance, tax, military, or other job benefits, testing the waters for a divorce, to avoid the possible stigma of divorce, and many others.
If you’re considering a legal separation, you might be wondering if you qualify under Colorado law or if you should reach out to Aurora separation lawyers. It’s likely that you do qualify, and having an attorney on your side can help ensure the process goes smoothly and that your legal rights are protected.
Even though they are different, the legal process for separation in Colorado is identical to the process for divorce. At least one spouse has to have lived in the state for a minimum of 91 days before you can file for separation. A petition must be filed with the appropriate court, and you must wait at least 90 days before the court will do anything about your case. It’s a good idea to hire Aurora separation attorneys who can help determine if you meet the requirements and help you with the legal filings.
The petition for separation has to list a legal reason or grounds for the separation. As a no-fault divorce state, Colorado doesn’t require specific reasons as to why the couple wants to separate. They can simply tell the court that their marriage is broken beyond repair and that reconciliation is impossible.
The three-month waiting period is designed to encourage couples to negotiate the terms of their separation agreement. They need to settle on issues such as asset division, alimony, child support, and child custody. If you are unable to negotiate an agreement, the court will decide one on your behalf. After the court order is signed, each spouse can live their separate life as long as they adhere to the separation agreement. If one spouse decides they want to get divorced, they must wait a minimum of six months after the court order is signed.
If you decide to get divorced after the waiting period, our separation attorneys can then help you with every step of that process. We can also help if you decide not to be separated any longer.
Even if your separation is simple, court filings and documents can be confusing. If something isn’t completed in the way it should be, it can cost you time and money. Negotiating a fair separation settlement with your spouse can often be challenging. Our Aurora separation lawyers can help with all of this.