Legal Separation Attorney

At Philip Goldberg PC, we represent clients seeking legal separations in Colorado. We understand the difficulty and complexity of ending a marriage. Therefore, our firm takes a different approach. We offer a personal touch, where our experienced attorney manages each case. We handle your case with compassion and attention to detail when you work with us.

Contact our office to request an appointment to discuss your legal rights.

Legal Separation in Colorado

A legal separation is a civil process that allows legally married individuals to separate their assets and liabilities without going through a divorce or dissolution of marriage. Colorado does not require separation before filing for a divorce.

The requirements for a legal separation are the same as for a dissolution of marriage. The primary difference is the courts still consider the couple legally married after the separation proceedings.

We work with clients seeking legal separation in Colorado. Our expert team helps you understand the separation’s requirements, process, and benefits.

Legal Separation Process

Like with a divorce, either party may file for separation. If both parties file for the separation together, they are Co-Petitioners. However, if only one party files, the filing party is the Petitioner. The non-filing spouse is the Respondent. We work with both Petitioners and Respondents in legal separation cases.

To begin the process, one or both parties must file the Petition in the district court where the spouses reside. If you are not filing together, the Petitioner must serve the Respondent with the Petition.

The court will follow the same steps as with a dissolution of marriage. However, the final ruling does not legally end the marriage. The court rules on issues like distribution of property, spousal maintenance, and child custody, which allows the couples to live separate lives without an official divorce ruling.

  • Initiating the Separation – One or both parties files for a legal separation with the court.

  • Initial Status Conference – The court requires the parties to attend an “initial status conference” within 42 days. The parties address any preliminary issues and the necessity of a temporary orders hearing.

  • Disclosure and Discovery – Within 42 days after serving the Petition to the Respondent, the parties must exchange “financial disclosures.” The parties may also engage in “discovery,” to request additional information in writing, and conduct a “deposition.”

  • Temporary Orders – If needed, the temporary orders hearing allows the court to determine temporary issues such as child support, spousal maintenance, or child custody until finalization of the separation.

  • Permanent Orders – The law requires a mandatory 91-day waiting period before the court grants a legal separation. Some cases take longer depending on the specific issues in the case.

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What Legal Rights Does A Separation Grant in Colorado?

A legal separation results in a court order for distribution of property, spousal maintenance, and child custody or support. However, a separation does not end a legal marriage. In the eyes of the law, the couple remains legally married.

With a legal separation, neither party can legally remarry. Also, the spouses may retain certain rights, like receiving military benefits, maintaining inheritance rights, and receiving health insurance coverage from their spouse.

If you consider a separation, talk with an experienced family law attorney to ensure you understand your rights and obligations.

Philip Goldberg PC offers compassionate and knowledgeable guidance for clients facing legal separations.

Separation Vs. Divorce

In Colorado, the courts view separation and divorce the same way. The only difference with a separation is the couple remains legally married. A separation allows couples to live separately and under the court’s determinations for property distribution and child custody.

How A Divorce Attorney Can Help with the Separation Process

Divorce attorneys have extensive knowledge about separation laws and how they apply to different situations. A family law attorney understands the stages of a divorce or separation. We work to represent your interests during each step.

Philip Goldberg PC has a track record of successful outcomes during legal separations

Legal Separation FAQs

There are many reasons people choose to file for a separation instead of a divorce. For example, a couple may separate based on religious beliefs that do not allow divorce. Also, a couple may want to continue certain financial benefits, like receiving health insurance coverage or qualification for increased social security benefits based on length of the marriage.

Yes. In Colorado, either party may file for separation. Colorado is a no-fault state, which means neither party must prove fault to file for divorce or separation. The court treats the separation process the same as the divorce process.

A separation affords the same rights as a divorce except for remarrying. If you marry a different person while separated, the new marriage is invalid.

Since the courts treat the separation process the same as a divorce, the parties will not need to go through the entire process again. Instead, either party can file a motion to convert the legal separation to a dissolution of marriage after completing the separation process.

At Philip Goldberg PC, we represent separated clients seeking a divorce.

Expert Legal Services from Philip Goldberg PC

Philip Goldberg is an experienced family law attorney who handles all types of divorce cases, including separations. We understand the delicate nature of family law cases and prioritize compassion and care for our clients.

At our law firm, we offer clear guidance to help you make confident and informed decisions about your future. We have extensive experience handling cases involving annulments, divorce, separation, child custody, and visitation rights.

Contact Philip Goldberg PC to schedule an appointment to discuss whether a legal separation is a right step for you. We work with clients in Denver and the surrounding areas on family law cases.