A legal separation in colorado means dividing assets and living separately, and any spouse can file for a legal separation. You effectively become unmarried during the term of your legal separation. However, your marriage does not officially end, preventing you from remarrying while you are in legal separation from your spouse.
Filing for a legal separation in Colorado follows the same process as filing for a divorce. Note that the eligibility requirements state that at least one spouse must be a Colorado resident for at least 91 days.
Neither spouse can file for a legal separation even if either has been a Colorado resident for at least 91 days.
If you meet this eligibility criterion, the next step is filing a petition or appeal for legal separation with the court.
Child custody will be decided during the legal separation agreement. If you are drafting your legal separation document yourself, you need to ensure there are no loopholes or mistakes. If that happens, there will be many problems later on.
Child custody and support must be decided carefully, and it is best to get an attorney involved for both parties. With an attorney, you can avoid problems in the future.
Both child custody and child support are critical considerations in all types of separation, including trial separations, legal separations, and divorces. It makes sense to go to a professional for this.
An excellent legal separation agreement will also include provisions if one spouse fails to pay for child support. That's one of the best benefits of a legal separation over a trial separation – you can get the court involved if there is a lapse in payment.
A legal separation is identical to an Arizona divorce in that all financial assets are divided, and a family plan is established, but the spouses stay officially married. Later, a legal separation can be transformed into a divorce. A divorce is the breakdown or end of a marriage, whereas a legal separation is a couple's financial separation while their legal status stays married. A legal separation may be a better option for some married couples than divorce. Arizona law allows married couples to pursue a legal separation rather than a divorce.
legal separation in arizona takes the same time as obtaining a divorce, and in Arizona, legal separation must be formalized 60 days after submitting the 'Acceptance of Service.' The Petitioner will sign the 'Petition,' and the Respondent will mark the 'Acceptance of Service.' The entire mediation procedure can be completed in 2-4 months.
We can help you achieve agreements as quickly as possible and complete the process as soon as feasible. A divorce or legal separation case can take up to a year or longer to resolve in court.
In Arizona, spouses can remain legally separated for as long as they desire until one of them passes away. Suppose one of the partners dies when the pair are legally separated. In that case, the marriage ends without the necessity for the surviving spouse to go to family court, and no further legal action is necessary.
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