Adams County Legal Separation Attorney

Adams County Legal Separation Lawyer

Legal separation in Colorado allows couples to remain married but live separately. Seeking a legal separation will include many of the same steps as a dissolution of marriage or divorce. An experienced Adams County legal separation attorney from our law firm can guide you through the complexities of the process and provide skilled legal advice.

Legal Separation Defined

Legal separation is a process in Colorado where a married couple can formalize a separation agreement that covers the same issues that would be addressed in a divorce. Unlike the divorce process, however, the couple will remain legally married. The partners are not permitted to cohabitate with another individual or remarry until an official divorce is granted.

Colorado’s divorce rate has sharply declined in the last couple of decades. Currently, an average of 3.0 per 1,000 residents divorce statewide. Some of this decline may be attributed to the increase in the number of couples who pursue alternative arrangements, such as legal separation.

A legal separation is not required before seeking a divorce in Colorado. Couples may decide to legally separate for various reasons. These reasons may include religious beliefs that do not allow divorce, a desire to avoid the stigma of divorce, or to preserve certain benefits, such as tax or insurance benefits.

Find Out How an Adams County Legal Separation Attorney Can Provide Guidance

The experienced family law attorneys at Kinnett & Cordes understand the emotional impact family changes can have on an individual. The attorneys care about their clients and want to help achieve an optimal outcome. The law firm has been recognized by the American Institute of Family Law Attorneys as one of the ten best law firms for client satisfaction.

How Does Mediation Work?

Part of filing for a legal separation in Colorado often includes working out the separation agreement. The court prefers that couples determine the details of their separation agreement outside of the court.

A mediator is a neutral, trained individual who will help facilitate communication and assist with negotiating. The separation agreement will acknowledge that both parties agree to separate but remain legally married. It will also clearly define the responsibilities of both parties during the separation.

Other important matters will be included in the separation agreement, such as the division of marital property, including both assets and debt. How spousal support will be structured, the amount, and when it will cease. If the couple has children, custody and child support will be addressed. Parents will also determine a visitation schedule.

It is important to seek the advice of a skilled family law firm before the separation agreement is drafted and finalized. The decisions you make and include in the separation agreement will typically become final if the legal separation is converted to a divorce.

How Are Legal Separation and Divorce Similar?

A legal separation and a divorce are both legal processes in Colorado. Both processes will address the division of marital debt and assets. If a spouse is seeking alimony or spousal support, amounts are determined during both processes. If a couple has children, both processes will determine child custody, child support, and visitation schedules.

How Do Legal Separation and Divorce Differ?

In a legal separation, the couple will continue to be legally married, but will live apart. A divorce legally ends the marriage. Both parties will need to consent to the legal separation in order to be granted. It is important to remember that arrangements made during the legal separation process may be permanent if the marriage is not reconciled and one or both partners decide to file for divorce.

A legal separation will require a waiting period of 91 days before the court will act on the request. During this time, the court has the expectation that the couple will come to an agreement on the terms of the separation. Often, couples will utilize the services of a neutral mediator to assist with this process.

Following the 91-day waiting period, a judge will review the case’s documentation and determine whether the marriage is irretrievably broken and then grant a legal separation. At this point, either partner may decide to convert the legal separation to a divorce following another waiting period of six months.

Converting a Legal Separation to a Divorce

Following a waiting period of six months after the legal separation was granted, either party can petition the court to convert the status to a full divorce. This process does not require that parties renegotiate any elements of the already formalized separation agreement.

All that is required is that one party files the motion and the other party does not object to the conversion. The process is essentially an administrative act and does not require additional legal work.

It is important to remember that a legal separation is not a requirement for seeking a divorce in Colorado. Many couples do not pursue a divorce and either continue to live separately but remain married, or they reconcile.

Residency Requirements for a Legal Separation

Colorado state law establishes residency requirements that must be followed to file for a legal separation. The individual filing for a legal separation or the spouse must have lived in Colorado for at least 91 days prior to filing. In cases where the couple has children, the children must have lived in the state for a minimum of 182 days or since their birth.

How Can I Restore My Name After a Legal Separation

To restore your name following a legal separation, you will need to complete a Motion for Name Restoration and file it with the court where your legal separation was granted. In Adams County, you will file the paperwork with the clerk’s office located at the Adams County Justice Center, 1100 Judicial Center Drive, Brighton.

The form is straightforward, requesting the name of your attorney, your current name, and the name you would like to be restored to. The form will need to be notarized and signed by you and your attorney.

If you file within 60 days after the legal separation decree has been signed, no fees will be assessed. After 60 days, the court will charge a fee of $105.00.

Consult With a Skilled Adams County Legal Separation Attorney

Deciding to file for a legal separation is a big decision that will require competent legal guidance. You want a skilled legal separation attorney who can help you understand the potential outcomes and your rights.

An Adams County separation attorney can help you navigate the complexities of legal separation. At Kinnett & Cordes, our attorneys focus on family law matters. A legal separation is a personal and private matter that requires compassionate legal counsel. Schedule a consultation with our law firm to learn how we can help.