Legal Separation Law
Proficient Colorado Springs Attorney
In Colorado, a Decree of Legal Separation requires more than just a mutual agreement that the relationship is on a hiatus. Legal paperwork filed with the court is also required and it will be necessary to proceed through the same formalities as a divorce. Gordon N. Shayne is your tireless advocate when you are going through the process of a legal separation. In addition to protecting your best interests, he draws from over 34 years of legal experience and knowledge to provide the best legal advice for your unique situation.
Legal Separation Information in Colorado
A legal separation is when the State of Colorado formally recognizes that you have untied yourself from your relationship with your spouse either temporarily or are on your way to a permanent dissolution of marriage. Legal separation applies to all unions recognized by the State of Colorado, including civil unions, common law marriages, and traditional marriages. Legal separation allows the parties to:
Work through marital issues:
Sometimes, one or both parties might need time apart to decide whether they want to continue their relationship or seek dissolution of marriage. Legal separation offers the option to make an informed decision before the marriage becomes ‘dissolved’.
Navigate a personalized path to dissolution of marriage:
Sometimes, a couple may not be ready to dissolve their marriage for any number of reasons, including religious or moral objections. A legal separation offers each person the ability to structure financial independence, establish a parenting plans, and the freedom to contemplate divorce on their own terms. As with a divorce, marital assets, child custody and spousal maintenance may be discussed during a legal separation agreement.
Maintain marital benefits:
Under Colorado law, a decree of legal separation does not revoke one’s right to inheritance unless there is a written agreement specifying the terms of financial security. While most insurance laws will not allow divorced parties to keep their same health or auto insurance, couples may be able to maintain the same benefits without interruption if they choose to legally separate from their spouse. Social security benefits only apply to spouses married ten years or more and legally separated spouses are also entitled to receive retirement benefits (based on the other’s earning history). Survivor benefits may also apply if a legally separated spouse has become deceased.
Since there is no formal dissolution of marriage with legal separation, neither party is allowed to remarry, nor is either party allowed a name change to reflect a non-married status. If necessary or desired, either party can seek to convert a Legal Separation to a Decree of Dissolution of Marriage 6 months after the Decree of Legal Separation was entered. Because this process is time-sensitive and admittedly stressful, it is advisable to discuss your legal goals with Gordon N. Shayne. Mr. Shayne is a proficient family law attorney who can help you determine what path of marriage dissolution is most beneficial for your unique situation.
Reach a Legal Separation Agreement with a Proficient Lawyer
In the life-impacting discussions of legal separation and divorce, a skillful divorce lawyer is absolutely imperative. Gordon N. Shayne is highly knowledgeable about family and divorce law in the state of Colorado. He has the experience necessary to effectively represent your case and fight to protect your needs during the entire process. Contact us today to schedule a free* consultation in the Colorado Springs area.
*for those individuals interested in retaining legal counsel and who have the financial means to hire an attorney