Legal Separation Lawyers in Denver
Comprehensive Separation Agreements to Protect Your Best Interests
Are you and your spouse having difficulty seeing eye to eye and considering taking some time apart? While you may be thinking a divorce is the only answer, separation may be a viable alternative, as the procedures for legal separation are essentially the same as those for divorce. The main difference between is that the parties are no longer financially intertwined, although they are still legally married.
At Denver Family Lawyers, we have helped many families resolve issues without dissolving their marriages. Our family law attorney understands that these are sensitive matters; we can help you handle a wide range of complex issues, from property division to alimony payments.
Contact our office by calling (303) 225-3343.
Consider Separation as a Divorce Alternative
Legal separation is often used to postpone divorce pending a future contingency, such as 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.
Either party may seek to convert the decree of separation to a decree of dissolution of marriage six months after an order of legal separation enters. There is no “defense” to a motion to convert the decree to one of dissolution.
What Is a Separation Agreement?
Like a divorce, there are many topics which may be included in your separation agreement. These include vital provisions, such as:
- Maintenance and support agreements
- Disposal of property
- Custody, support, and parenting time of children
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.
Personalized Counsel from Our Denver Family Law Attorney
Regardless of the specific issue or problems which have brought you and your spouse to consider a separation, our firm is here to provide you with support and honest advice. You can rely on us to ensure you are aware of all your legal rights and options during the separation process.