Deciding to file for a legal separation, can be emotional and overwhelming. As a result, it can be comforting to know that there are knowledgeable Colorado Springs legal separation lawyers who could assist you through this process from start to finish. Our family law attorneys could explain the legal requirements for separation and facilitate the resolution of concerns such as custody, property division, and spousal support.
For someone to pursue legal separation, they must have resided in the state for a specific time. In Colorado Springs, the minimum amount of time that someone must have lived in the state before filing for separation is three months. The process of filing for legal separation is similar to the process of obtaining a divorce, but there are a few key differences.
When two individuals are only legally separated, they are still technically married. This arrangement may be a prelude to divorce, but it does not have to be. Sometimes, a couple may choose to file for legal separation only, rather than pursuing a divorce later on.
There are a number of reasons two parties may choose this path in place of divorce. For instance, if the couple has children together, they may feel that a separation could provide a smoother transition for the entire family.
Separation may be an optimal choice for some couples due to personally held beliefs regarding divorce. When someone is considering filing for legal separation from their spouse, they should speak with a Colorado Springs attorney who could help them make well-informed choices that meet their family’s best interests.
A couple who wishes to separate legally must do so by submitting a petition for the court’s approval. Once the process of filing for legal separation begins, the law requires that three months transpire before the judge can move forward with approving the petition. One essential aspect of pursuing a legal separation that a Colorado Springs attorney could provide invaluable assistance with is enacting a detailed agreement to present for the court’s approval.
Under a separation agreement, the parties may determine how a court could divide the couple’s property, whether one party will pay spousal maintenance to the other, as well as resolve any issues of child custody and support. The separation agreement also is important because if the parties decide to end their marriage officially, they can use the provisions of this agreement as a foundation for their divorce decree.
Once the agreement is completed, the parties can file it with the courts for final approval. If the parties have disagreements regarding the provisions of the arrangement, it may be up to the court to make a final determination. It is also important to understand that legal separation is not final. Just as the couple may decide to move forward with a divorce later on, if the parties reconcile, they can request to have the legal separation revoked.
A Colorado Springs legal separation lawyer understands the unique challenges that you may encounter during this transition. An experienced attorney could offer unwavering guidance and support throughout this process. To get started on your case, call our one of our attorneys today to schedule a consultation.