Fort Collins Legal Separation Lawyer

Marriage isn’t easy, but neither is the decision to divorce. Some spouses feel they need a change and can no longer live together, but aren’t ready for the finality of a divorce. In Colorado, spouses who cannot resolve their problems and remain together, but still have hope for a future reconciliation, or have other reasons for wishing to remain legally married but apart, may choose a legal separation. A legal separation in Fort Collins is similar to divorce in that it provides binding orders for child custody, child support, the division of marital assets, and spousal support, but the spouses remain legally married.

If you think a legal separation is the right choice for your marital situation, call the legal separation lawyers in Fort Collins at The Law Offices of Stephen Vertucci, LLC.

Why Choose Us as Your Legal Separation Lawyers in Fort Collins?

At The Law Offices of Stephen Vertucci, our family law attorney in Fort Collins understand the importance of families and what’s at stake when a family law matter arises. We uphold your family’s best interest as our highest priority. We offer the following advantages in family law matters, including Colorado legal separations:

• A resolution-based approach that always strives for low-conflict resolutions while safeguarding your rights and best interests
• An in-depth knowledge of Colorado’s divorce and legal separation laws
• We are skilled negotiators who offer creative solutions to work toward an out-of-court settlement agreement with the least possible contention
• We are experienced litigators with deep familiarity with the family court, judges, and divorce law  in Fort Collins, making us the right family attorneys to navigate the system efficiently and effectively

The Law Office of Stephen Vertucci received a Lawyers of Distinction rating in 2023. We are ready to be your legal guides and advocates throughout the legal separation process.

How Does the Legal Separation Process In Colorado Work?

Many Colorado residents are surprised to learn that the process of a legal separation is as complex as a divorce and costs about the same. It’s also important to note that living apart while filing for divorce is not the same as a legal separation—a common misconception. A legal separation is a unique marital legal status, not the early part of a divorce.

To file for legal separation in Colorado, at least one spouse must have been a Colorado resident for at least 91 days. In order for the court to have jurisdiction over children, they must have lived in Colorado for at least 182 days or from birth. Because Colorado is a no-fault divorce state, spouses may only file on the grounds that the marriage is irretrievably broken. To file for legal separation, spouses must do the following:

• One spouse must file for legal separation as the petitioner and the other spouse becomes the respondent, or both spouses may file together as co-petitioners
• Both spouses must negotiate a separation settlement agreement through meetings with their attorneys and a professional mediator. The agreement must cover all required terms, just as a divorce. This includes an agreement for child custody and shared parenting-time, child support under the state’s guidelines, the fair and equitable division of marital assets, and spousal maintenance (alimony) when appropriate
• The spouses meet with a judge who finalizes their separation agreement with binding orders
• If the spouses are  unable to reach an agreement and have disputes over one or more divorce terms, they present their arguments to the judge who makes the final decision

The process closely mirrors the Colorado divorce process, with binding final orders, but the spouses remain legally married while living apart under the terms of the separation agreement.

What Are the Economic Advantages of a Legal Separation Over a Colorado Divorce?

Some spouses choose a non-legal separation in which they separate into two households while remaining married but without a settlement agreement signed in court. This may become problematic because there are no legal orders to follow for child custody and asset division. A legal separation puts a structure and boundaries in place for the family. 

Some spouses choose a legal separation because it allows them to live as though divorced, while still enjoying the economic benefits of marriage. For instance, they may still share health insurance benefits. This is often an important drawback for one spouse during a divorce when they’ve relied on the other spouse’s health insurance plan.

Legally separated spouses may still file joint tax returns. Keeping their joint filing status has advantages for many spouses, such as tax credits, more deductions, and lower tax payments. They may also keep joint ownership of important assets like a home or business.

Are There Other Benefits to Choosing a Legal Separation?

Besides economic benefits, a legal separation has other advantages for some spouses, including those whose religious beliefs prevent a divorce or those who worry about the stigma of divorce for other reasons. In addition, a legal separation allows both spouses to date others while still enjoying the economic benefits of marriage. This offers both spouses a chance to explore other relationships which often leads either to a decision to finalize the separation into a divorce or to reunite.

If they decide to divorce, they can return to court to turn their separation agreement into a finalized divorce agreement as long as six months have passed since the legal separation. They may also seek modifications to the settlement agreement at this time if they’ve experienced a significant change in circumstances since they finalized their legal separation. 

Are There Disadvantages to Getting a Legal Separation Rather Than Divorce?

While a legal separation allows both parties to date others, they are not free to marry. If one or both spouses become deeply involved with someone else, they may not marry until they divorce. 

Additionally, some legally separated spouses feel that they are living in a sort of “limbo,” not truly married but not divorced.

What If We Reconcile After A Fort Collins Legal Separation?

A legal separation is binding until the spouses go to court to have the legal agreement revoked. If they reconcile, they are free to live together again like traditionally married spouses, but their legal status remains as legally separated until they file a motion to vacate the separation and both spouses sign the revocation document.

Call The Law Office of Stephen Vertucci Today to Learn More About a Legal Separation Agreement In Fort Collins

Because successfully navigating a legal separation is almost identical to a divorce, it requires the same preparation, meticulous attention to detail, and negotiation for mutually acceptable terms for asset division and child custody. No one should undertake this complex legal process without an Fort Collins legal separation attorney representing their interests and providing experienced legal counsel throughout the necessary procedures. Contact us at The Law Office of Stephen Vertucci so we can begin safeguarding your rights during a legal separation in Fort Collins.