Colorado Springs Legal Separation Lawyer

Legal separation in Colorado is a process that allows married couples to live separately while still maintaining their legal marriage status.

It provides an alternative to divorce for couples wanting to step back from their relationship but not wanting to terminate their marriage entirely. In this context, we will explore the concept of legal separation in Colorado and how lawyer Patricia Perello in Colorado Springs can assist you through this process.

Understanding Legal Separation In Colorado

Legal separation in Colorado can address various issues in a marriage, similar to a divorce. These issues include parenting arrangements, division of assets and debts, spousal support, child support, and more. The main difference between legal separation and divorce is that legal separation does not dissolve the marriage; it provides a legal framework for the couple to live separately while still married.

Choosing The Best Option For Your Situation

Legal separation may not be the right option for every couple. It is essential to discuss your situation and goals with a qualified family law attorney to determine if legal separation is the best choice for you. Attorney Patricia Perello in Colorado Springs has extensive experience guiding couples through this process and can offer insight into whether legal separation or divorce suits your circumstances.

Why Choose Legal Separation?

There can be various reasons couples opt for legal separation instead of divorce. Some couples may wish to take a temporary break to reassess their relationship or explore the possibility of reconciliation. Others may have religious or personal beliefs that discourage divorce. Additionally, legal separation can offer financial benefits, such as continued access to healthcare or military benefits, which might be lost in a divorce.

Legal Separation Process In Colorado

Legal separation in Colorado allows couples to live apart and divide their assets without getting a divorce. Here’s an overview of the legal separation process in Colorado:

1. Residency Requirement:

Before filing for legal separation in Colorado, at least one of the spouses must have been a state resident for at least 91 days before filing.

2. Filing the Petition:

The first official step involves filing a “Petition for Legal Separation” with the appropriate Colorado District Court. The spouse filing the petition is known as the “petitioner,” while the other spouse is the “respondent.”

3. Service of Process:

The respondent must be served with a copy of the petition. This can be done through personal service or by other means the court allows. The respondent then has a specified amount of time (usually 21 days if served within Colorado or 35 days if served outside of Colorado) to respond.

4. Separation Agreement:

The spouses can negotiate the terms of their separation, which typically include child custody and visitation, spousal and child support, property division, and other relevant issues. This negotiated agreement is called a “separation agreement.” If they can’t agree on the terms, the court will decide after hearings on the contested issues.

5. Parenting Classes:

If the couple has minor children, they might be required to attend a parenting class. These classes aim to help parents understand the impact of the separation on their children and offer strategies to make the transition smoother for them.

6. Waiting Period:

There is a mandatory waiting period of 91 days from when the respondent is served (or when the co-petitioner files) before the legal separation can be finalized.

7. Final Hearing:

If the spouses have agreed on all issues, they can request a final hearing date. The judge reviews the separation agreement during the hearing to ensure it’s fair and equitable. If everything is in order, the judge will issue a decree of legal separation.

8. Conversion to Divorce:

After obtaining a decree of legal separation, either spouse can request to convert the legal separation into a divorce after waiting at least six months. If neither spouse requests this conversion, the legal separation remains in place.

9. Decree of Legal Separation:

Once the process is finalized, the court issues a “Decree of Legal Separation.” This legally enforces the separation and all agreed-upon or court-decided terms.

10. Modifying the Decree:

Like divorce decrees, a legal separation decree can be modified later, especially in cases involving child custody, visitation, or support. Both parties must return to court to request and obtain any changes.

Benefits of Legal Separation

Legal separation is an option for couples who want to live apart without getting a divorce. The benefits of legal separation can vary depending on individual circumstances and personal beliefs. Here are some benefits of pursuing legal separation in Colorado:

1. Retaining Marital Status: For some couples, maintaining their marital status is important for religious or personal reasons. Legal separation allows couples to live separately without formally ending the marriage.
2. Financial Benefits:

• • Health Insurance: One spouse may continue to receive health insurance benefits under the other spouse’s plan if the policy allows.
  • Tax Benefits: Couples can continue filing joint tax returns, sometimes leading to tax savings.
  • Debt and Liability: Legal separation can help delineate financial responsibilities, meaning one spouse won’t be responsible for the other’s new debts after separation.

3. Protection of Assets: A legal separation decree will detail how assets and liabilities are divided. This can protect one spouse from the other’s potential financial mismanagement or debt accumulation post-separation.
4. Child Custody and Parenting Plans: Like divorce, legal separation in Colorado allows for determining custody, visitation, and child support arrangements.
5. Potential for Reconciliation: For some couples, a legal separation offers a period for reflection and potential reconciliation without the finality of divorce.
6. Residency Requirements: To file for divorce in Colorado, one of the spouses must have been a state resident for at least 91 days before filing. There’s a similar residency requirement for legal separation. Legal separation may be a temporary answer if a couple hasn’t met the requirement but needs an immediate solution for their issues. We suggest you consult with a divorce lawyer in Colorado Springs for more specific advice.
7. Emotional Transition: Legal separation can provide a transitional phase, giving couples time to adjust emotionally and financially without immediately diving into the divorce process.
8. Simplified Process: Should the couple later decide to divorce after a legal separation, they might find that some of the heavy lifting regarding property division and other issues has already been handled, simplifying the divorce process.
9. Social Security Benefits: If a marriage lasts ten years or longer and a spouse hasn’t remarried, they might be eligible for derivative Social Security benefits based on the other spouse’s record. Staying legally separated (and thus married) can allow a spouse to reach this ten-year threshold.
10. Relief from Co-Habitation: If co-habiting has become intolerable, a legal separation allows spouses to live separately and outlines the rights and responsibilities of each party.

Legal Separation Agreement

In Colorado, couples must negotiate and sign a formal separation agreement to be legally separated.

This document should include details such as:

1. Division of Property: The legal separation agreement should outline who will keep which assets (property, bank accounts, investments) and how any debts will be divided.
2. Spousal Maintenance: If one partner is financially dependent on the other, the agreement should include provisions for spousal maintenance (also known as alimony).
3. Child Custody and Support: The agreement should address custody arrangements and payments.
4. Tax Considerations: For couples with multiple sources of income or who file jointly, it’s important to consider tax implications when drafting a legal separation agreement.
5. Enforcement of Terms: The agreement should also delineate how either party might seek enforcement or remedies if the other doesn’t abide by the terms.
6. Review and Modification: After signing an agreement, it’s essential to review it periodically, as circumstances may change over time. The agreement should also specify how modifications can be made.
7. Abolition of Common Law Marriage: A legal separation agreement may abolish any common-law marriage between the couple.
8. Social Security Benefits: Legal separation may allow a spouse to reach the ten-year threshold for claiming Social Security benefits based on the other spouse’s record.
9. Termination of Legal Separation: It’s also important to consider how the legal separation can be terminated and what this will mean for both partners, legally and financially.

Child Custody & Support

When a couple decides to undergo a legal separation in Colorado, the welfare of any shared children remains a paramount concern. Here’s a brief overview of how child custody and support are addressed during legal separation in the state:

1. Best Interests of the Child: Colorado courts prioritize the child’s best interests when determining custody arrangements. Factors considered include the child’s wishes (if they’re of a suitable age and maturity), the child’s relationship with each parent, the child’s adjustment to school, home, and community, and the mental and physical well-being of all involved parties.
2. Types of Custody:

• • Physical Custody refers to where the child lives. Parents can have joint physical custody (where the child spends significant time with both parents), or one parent can have primary physical custody.
  • Legal Custody pertains to decision-making authority about the child’s upbringing, such as education, health care, and religious training. Parents can share joint legal custody, or one parent can have sole legal custody.

1. Parenting Time (Visitation): If one parent is granted primary physical custody, the other parent is typically granted visitation or “parenting time.” The schedule can be flexible, depending on what’s best for the child and agreeable to both parents.
2. Child Support: In Colorado, child support is calculated using a formula that considers both parents’ monthly gross incomes, the amount of time the child spends with each parent, and certain additional expenses for the child. The goal is to ensure that children maintain the same standard of living they would have if the parents were together.
3. Modifications: If circumstances change, either parent can request a custody or support arrangement modification. However, it must be demonstrated that the change is in the child’s best interest and that there has been a significant and continuing change of circumstances.
4. Enforcement: If one parent fails to adhere to the legal separation agreement’s child custody or support terms, the other parent can seek enforcement through the court. Non-compliance with court-ordered child support or custody arrangements can result in serious legal consequences.
5. Legal Representation: Given the intricacies and emotional aspects of child custody and support during legal separation, parents should consult legal counsel experienced in Colorado family law. This ensures that the rights of both the parents and the children are protected and upheld.

Spousal Maintenance

Spousal maintenance, or alimony, is financial support from a lower-earning spouse during legal separation. The intent is to help the recipient maintain a standard of living similar to the marital period. Determination factors include each party’s financial resources, the marriage’s duration, lifestyle, and contributions made by one spouse to the other’s career or education.

Colorado offers advisory guidelines based on combined income and marriage length, but courts have discretion in the final decision. The duration of support varies and can be modified due to significant changes in circumstances. Recent federal tax laws note that these payments aren’t deductible for the payer or taxable for the recipient.

Property Division

During legal separation in Colorado, marital assets and debts are divided based on “equitable distribution,” ensuring a fair, though not necessarily equal, split. The process distinguishes between marital (acquired during marriage) and separate property (owned before marriage or received as gifts/inheritance). The division considers each spouse’s contribution to the marital property, its value, and each spouse’s economic situation.

Accurate valuation of assets, including real estate and investments, is essential. Debts are also distributed based on factors like each party’s ability to pay. Marital misconduct does not typically influence property division. Existing prenuptial or postnuptial agreements can guide the division if valid. Due to the complexities, consulting a family law attorney is recommended.

How Should We Help You

If you are considering legal separation in Colorado, seeking the guidance of an experienced family law attorney can be invaluable. Patricia Perello is a well-versed lawyer in the intricacies of Colorado family law and has extensive experience assisting clients with legal separation cases.

We can provide expert advice and support throughout the legal separation process. We will help you understand your rights and responsibilities, make informed decisions regarding asset division, child custody, and support matters, and ensure that your legal separation agreement is fair, comprehensive, and legally binding.

With our expertise, you can navigate the legal process smoothly and secure a fair and satisfactory legal separation agreement. Contact us to discuss your legal separation options and receive your guidance.