Requirements for Legal Separation in Colorado
The requirements for legal separation in Colorado include residency in the state for at least one of the spouses for a minimum of 91 days before submitting a petition. If a couple has children, their kids must reside in the state for at least 182 days or since birth.
In addition, the couple must reach an agreement on the terms of their separation. This means they must resolve property division, spousal support, and, if necessary, child custody.
There is a 91-day waiting period before the court can act on a legal separation. During this time frame, the court generally advises a couple to negotiate their separation terms.
Legal separation can be overwhelming for all involved. You do not have to face a legal separation alone. Let a Broomfield family law attorney help you with this process. They will address your legal concerns and help you make informed decisions at each stage.
What the Process for Legal Separation in Colorado Entails
Both parties must meet the requirements for a separation before they can start the legal process. They must put together an agreement detailing how their assets will be split and alimony or spousal maintenance. If a couple has children, they must resolve child support.
From here, the Colorado Judicial Branch requires separation documents to be filed in the county where one of the spouses lives. Each spouse must sign the petition in front of a notary. There is a $230 filing fee that must be paid.
A judge reviews a legal separation case after the 91-day waiting period. If the judge rules a marriage is irretrievably broken, they will grant a legal separation. Following this, either of the spouses can convert the proceeding to a divorce.
What It Takes to Negotiate the Terms of a Legal Separation
The waiting period between the time a petition is filed and when a judge evaluates it provides a couple with three months to negotiate the terms of their legal separation. Some couples engage in mediation in the hopes of agreeing to terms before the 91-day window closes.
In mediation, a neutral third party works with both spouses to resolve the division of assets, child custody, and other issues. The mediator listens to what each spouse has to say and helps the parties find common ground. If you’re considering mediation with your spouse, our Broomfield mediation attorneys are here to provide legal guidance throughout the process.
Unfortunately, there is no guarantee that mediation or other legal separation negotiations will deliver results in less than 91 days. If a couple does not reach an agreement on a legal separation, the court will resolve these issues on behalf of the spouses.
What to Expect After a Legal Separation
Once a legal separation agreement is signed, each spouse lives independently. The spouses must comply with the terms of their separation agreement. If either spouse wants a divorce, they must wait at least six months before they move forward with this option.
Why You Should Let a Family Law Attorney Help with a Legal Separation
A family law lawyer understands how emotionally taxing it is to go through a legal separation. They advocate for you and protect your legal rights and best interests throughout this process. Your attorney assists you with your legal separation negotiations. If no agreement is reached, your lawyer will represent you in your divorce proceedings.
Get legal guidance and support from a family law attorney from our firm as you get started with a legal separation. Your lawyer remains accessible and will help you with your legal matters during this challenging time in your life. Contact us today to schedule a free 15-minute consultation.