Do You Need a Separation Agreement?

Do You Need a Separation Agreement?

If you or your spouse have decided your marriage is headed for divorce, you might be considering a legal separation. However, it is crucial to note that legal separation is more than just splitting your property and living apart. Issues surrounding legal separation and divorce can inherently be quite confusing, whether you have been down this road before or not. If you are considering a separation or divorce, an experienced Aurora legal separation lawyer can help answer your questions and advise you of your rights. 

What is a Legal Separation in Colorado?

Under Colorado law, couples who legally separate are still married. While it does involve asset division and living apart, legal separation is a process that must be gone through. If you do not go through this process, the law will not allow you the status of being legally separated. The steps to a legal separation in this state are as follows:

  • You and your spouse agree on the details of your separation. It will need to include plans for child custody and support if you have children, as well as property division and spousal support. It is imperative that you both agree on these terms.
  • If your spouse does not agree with your terms for the separation, you can still file for legal separation on your own. You will need to file with the civil court in your current county of residence. The state also requires that you be a resident of Colorado for a minimum of 90 days prior to filing the separation. Your Aurora legal separation attorney can help you obtain and complete the necessary paperwork and get it filed with the court. 
  • Once the court reviews your filing, they will rule on your legal separation. They can either declare that your marriage is irretrievably broken or that you both mutually agree to live apart from each other. 

Benefits of the Legal Separation Status

Once your legal separation is complete, both you and your spouse will have well-defined obligations and rights that are legally enforceable. With going through a legal separation, these rights and obligations can be challenging to enforce. While you do not need a legal separation status to mutually agree to split your belongings and live apart, you do need one if you want it to be legal and enforceable. 

Some couples elect a legal separation before a divorce. In this situation, they are allowed to rescind their initial legal separation and turn it into a divorce. If the couple ends up deciding to go back to their status prior to the legal separation, the legal order can also be rescinded. Either way,  if you need to make changes to your legal separation status, it is crucial to have an Aurora legal separation lawyer on your side.

Protect Your Interests with a Skilled Aurora Legal Separation Lawyer

At the CNL Law Firm, PLLC, we know how difficult the process of separation and divorce can be. Although we may not be able to change your circumstances, we go the extra mile to represent your interests no matter what circumstances you find yourself in. Call (720) 370-2171 or complete our online form to request your free consultation with an experienced Aurora legal separation attorney today.

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