Sample Colorado Marital Separation
Legal Separation in Colorado
The alternative to a divorce or marriage annulment in Colorado is legal separation. It shares similarities with divorce in that it works out child custody, maintenance, the division of assets and obligations, and any other shared responsibility and right. The primary difference is that it does not end a marriage permanently, which means none of the parties may remarry while this status still binds.
The procedures for legal separation are similar to those followed in a divorce, but it is faster. The first step is usually the serving of pleadings where the party initiating the proceedings will be required to file a Marital Separation Agreement with the court. The other party is served with the papers before proceeding to the second step.
The next step is financial disclosures where the parties are expected to make full financial disclosures, even when they agree on all matters. The reason for this exhaustive disclosure is to determine a fair value before accepting the agreement.
After these two steps have been met, the matter will then proceed to finalization. The two will be granted a Judgment of Legal Separation. The main difference is that legal separation does not take as long as divorce and the parties will not be required to prove fault.
The main benefit of filing a Marital Separation Agreement in Colorado is in the little time the procedure takes. Otherwise, you will still follow the same procedure as divorce, and you cannot remarry since the marriage is still legally recognized.
Why Seek Legal Separation?
If the marriage is not working but you think that taking a break from each other could help, you may want to consider legal separation. The state of Colorado does not require that you separate before you file for divorce, and so those preferring to dissolve the union at once permanently can go ahead.
Colorado Marital Separation Agreements are also for those who are held by religious beliefs or want to continue sharing benefits that come with being married such as health insurance.
After the legal separation, a couple can go ahead and seek to terminate the marriage altogether, or file documents to the court to do away with the file and resume their marriage. If dissolution is the final decision, then the party seeking it will be required to file a new request. The judge will then follow procedures for a divorce and terminate the legal separation.
The decision whether to dissolve a marriage or to file for legal separation is personal. After making the decision on which option serves you best as provided by the state’s family law, fill out the above details to create a Colorado Marital Separation Agreement.
Whether you live in Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, Thornton, Arvada, Highlands Ranch, Westminster or any other city of Colorado, you can use our legal forms easily.