Castle Rock Separation Lawyer

Separation Attorney in Castle Rock, CO

A legal separation allows two spouses to live apart without formally terminating their marriage. Some couples use the process of legal separation as a first step toward divorce, while others remain married but legally separated indefinitely. If you’re interested in a legal separation, you should speak with a Castle Rock separation lawyer who can help you understand the process and what it entails.

The family law team at Fuller & Ahern, PC, has been working with clients to draft separation agreements and get them finalized for years. Whether you intend on staying legally separated from your spouse or you’re using your separation as a trial period to determine if you should get divorced, we can help you finalize the process with less stress.

Hire a Separation Lawyer

Divorce rates in Colorado are relatively low, coming in at 2.3 divorces per 1,000 residents in 2023. While there is less of a stigma surrounding divorce now than ever before, it’s still not a decision to be taken lightly. A legal separation can give you and your spouse the chance to see what it will be like to be divorced. While 87% of separated couples divorce eventually, 13% choose to stay together in the end.

If you want to give legal separation a shot instead of getting a divorce, you should hire a separation lawyer. Our legal team has been working with spouses who want to take this intermediary step toward the full dissolution of marriage for years. We can help with everything from filling out paperwork to negotiating a fair separation agreement, all while making sure that your rights and interests are protected.

What Is Legal Separation?

During a legal separation, a married couple signs a separation agreement that details how assets and debts should be divided, who will have custody of any children, and whether spousal support payments will be mandated. The couple then lives apart during the separation, and both spouses live independent lives. Some couples choose to get divorced after a trial separation period, while others remain separated indefinitely or go back to being fully married.

Key Differences Between Divorce and Legal Separation

The key difference between divorce and legal separation is that couples who are separated are still technically married and can take advantage of things like tax advantages and health insurance available only to spouses. Plenty of married couples choose separation for religious reasons, as well. Separation accomplishes everything that a traditional divorce can, but does not go against major religious decrees.

How to Get a Legal Separation

The process of getting a legal separation is like that of getting divorced in Castle Rock. Here’s what you can expect:

• Fill out paperwork. You’ll need to fill out three forms: JDF 1000, a Case Information Sheet; JDF 1011, a Petition; and JDF 1012, a Summons. It’s easiest to fill out these forms together with your spouse.
• File the forms. You can file your forms online, by mail, or in person at the Douglas County District Court.
• Service. If you did not sign the paperwork together with your spouse, you’ll need to serve them. You can’t do this yourself. You’ll need a third party to do it.
• Response. If you have to serve your spouse, they will have to respond to it by filling out Form JDF 1015.
• Complete paperwork. You’ll need to file several forms within 42 days of filing or receiving a Petition. They include JDF 1111, a Sworn Financial Statement, and JDF 1104, a Certificate of Compliance.
• Complete a separation agreement. You’ll now have to determine how you plan to divide property, handle spousal support, and assign custody of children. You can complete this process using mediation if necessary.
• Court hearing. If you cannot reach an agreement with your spouse, you may need a court hearing to decide how your separation will occur.
• Issuance of divorce decree. Once you have a legally viable separation agreement, you can submit it to the court. At this point, you’ll be issued a separation decree, and the separation will be finalized.

FAQs

Do You Need a Lawyer to File a Separation Agreement?

You do not need a lawyer to file a separation agreement in Castle Rock, but it’s highly advisable that you have one. The complexity of issues such as child support, property division, and spousal support can make it difficult to ensure that you’re getting a good deal. A lawyer can help you draft a separation agreement that is fair and legally sound.

How Much Do Most Separation Lawyers Charge?

How much separation lawyers charge depends on factors such as the complexity of your case and how experienced your lawyers are. It costs more to handle a separation agreement that involves children, high-value assets, and the potential for spousal support than it does to legally separate from someone with whom you don’t share property or children.

Can a Couple Write Their Own Separation Agreement?

A couple can write their own separation agreement, but it needs to be approved by the court. Getting a separation agreement approved requires making sure it is legally sound and that the language used in it is correct. A Castle Rock separation attorney can help you draft a separation agreement that will be approved without difficulties.

Is a Non-Working Spouse Entitled to Alimony in a Separation?

A non-working spouse is entitled to alimony in a separation. Alimony, or spousal support, is awarded in cases where financially dependent or lower-earning spouses need extra support to adjust to their new lifestyles. The court considers factors like income, health, age, and earning history to determine whether a spouse should be awarded alimony.

Castle Rock Separation Lawyer

If you’re planning to legally separate from your spouse, you should hire a Castle Rock separation lawyer who can ensure that your interests are protected. Fuller & Ahern, PC, have been practicing family law for years. Our team understands the intricacies of separation laws and has handled countless separation cases. We can help with yours, too. Contact us to schedule an initial consultation today.