Aurora Legal Separation Lawyer

In the state of Colorado, a couple can seek a legal separation on the grounds that their marriage is irretrievably broken, similar to the criteria required for a divorce. This means that no party has to display any form of misconduct or wrongdoing in the relationship. Colorado being a no-fault divorce state makes this legal process less contentious.

Furthermore, a couple may choose legal separation over divorce due to religious or moral objections to divorce, while still needing to live apart. Despite the couple living separately, in a legal sense, they remain legally married. It is strongly recommended that couples seeking a legal separation consult with a family law attorney to understand the implications fully and navigate the legal proceedings efficiently.

In Colorado, there’s a required waiting period after a legal separation before a couple can transition to a divorce. Specifically, the couple must wait a minimum of 182 days from the date the court finalizes the legal separation, marked by the entry of the Decree of Legal Separation.

This period acts as a sort of “trial separation,” providing time for the couple to reflect on their decision and consider potential reconciliation before proceeding to a full divorce. However, following this 182-day period, they may file the necessary paperwork to alter their legal status from separation to divorce.

During a separation, there are several actions that should be avoided to ensure a smooth process and fair outcome for all involved parties. Here are the key points:

1. Do not move out of your family home: Leaving your family home can have implications on property division and may affect your rights to the property in your legal separation case.
2. Don’t rush into a new relationship: This can complicate your legal separation and potentially affect the terms of your separation agreement.
3. Do not deny your partner the right to co-parenting: Unless there are safety issues involved, both parents should continue fulfilling their parental responsibilities, as it’s in the best interest of the children.
4. Do not involve your family and friends in the separation process: Taking a neutral stance is essential to avoid creating tension or bias in your legal separation case.
5. Don’t sign any documents without the consent of your lawyer: Any legal contract, including those related to your employment-related benefits or health insurance coverage, should be thoroughly reviewed by your legal counsel.
6. Do not dispose of any property or asset: Disposing of marital assets before the finalization of property division can be seen as hiding assets and may negatively impact your case.

Do not ignore your familial responsibilities: Despite the separation, it’s important to maintain your familial responsibilities, especially towards your children, to avoid any legal repercussions.

The cost of filing for a legal separation in Colorado is $230. This fee covers the initial petition for separation. If the separation transitions into a divorce, an additional $230 is required for the dissolution of the marriage petition. Thus, each step incurs a separate fee.

Yes, under Colorado law, filing for legal separation is a necessary step. This process begins when one spouse submits a Petition for Legal Separation to the family court facilitator. To be eligible, at least one partner must meet the state’s residency requirement of living in Colorado for a minimum of 91 days preceding the separation filing.

After filing, an initial status conference is scheduled with the court clerk. Given the complexity of these procedures, it’s highly advisable to consult with an experienced family law attorney. This ensures accurate filing and compliance with all relevant Colorado legal requirements.

In Colorado, technically, separated individuals can start dating without violating bigamy laws, as legal separation doesn’t equate to single status. However, entering a new relationship during this time can complicate the legal process and may impact the conditions of the separation agreement.