The Rocky Mountain Family Lawyers are Denver’s award-winning family law trial advocates. We’re experts in legal separation cases in Denver and other cities throughout Colorado.
Call us today to talk personally with a lawyer about with your Denver legal separation issues. (303) 502-9600.
What’s the Difference Between Legal Separation and Divorce?
Very little. The main difference between a legal separation and a divorce is that the parties are no longer financially intertwined, although they are still legally married. The procedures for legal separation are essentially the same as those for divorce.
Is it Quicker than Divorce?
Obtaining a legal separation takes the same amount of time as a getting a divorce. The Court cannot issue its final decree of separation until 91 days after the respondent is either personally served with the petition or signs a waiver of service.
Why Opt for a Denver Legal Separation?
Legal separation is often used to postpone divorce pending a future contingency, such as the retirement. Sometimes couples avoid divorce in order to retain joint health or life insurance or to allow time to pass to fully qualify for retirement benefits that would otherwise be lost if the parties divorced immediately. Obtaining a legal separation may limit one party’s legal or financial liability until the contingency occurs. Religious concerns sometimes play a part in the decision to be legally separated, as opposed to divorced, although, annulment is sometimes a better option.
Settlement of Your Denver Legal Separation:
The parties may enter into a written separation agreement containing provisions for their maintenance, the disposal of property and the custody, support, and parenting time of their children just as though they were getting a divorce.
The terms of the legal separation agreement, with the exception of those terms providing for the custody, support, and parenting time of children, are binding upon the court unless it finds the agreement to be unconscionable, after looking at the economic circumstances of the parties. As in a divorce, the court in a separation case may set aside an agreement it sees as grossly unfair to one of the parties.
Conversion of Legal Separation to Dissolution (Divorce).
Either party may seek to convert the decree of separation to a decree of dissolution of marriage (divorce) six months after an order of legal separation enters. There is no “defense” to a motion to convert the decree to one of dissolution (divorce).
Talk to a Denver Legal Separation Attorney:
The Rocky Mountain Family Lawyers are Colorado legal separation experts.
Call us now to discuss your legal options and rights concerning legal separation in Denver, Colorado and surrounding cities (303) 502-9600.