You can expect that legal separation is a very similar process to dissolution of marriage. After working with me to file a series of documents with the court, either on your own or jointly with your spouse, you might be required to attend a status conference or take a parenting class if you have children. If you and the other party agree on all issues, the court may issue a decree and support order.
If you and the other party do not agree on all issues, you may be required to attend mediation. In some cases, a contested hearing may be set during which your lawyer will advocate forcefully for you. The decree and support order may then be entered at the conclusion of your final hearing.
In legal separation, the decisions that you make regarding your family home, parenting time and other matters can have a significant impact on your future. Courts often look at your current circumstances when finalizing divorce decisions, so what has become routine during your separation often sticks. A spouse who resides in the family home may be allowed to stay there. A parent who has the kids during the week may be allowed to stick with that schedule when the parenting plan is finalized.
For this reason, it is best to speak with me, attorney Kathryn Tolison, as soon as possible. At the Brighton area Tolison & Williams, Attorneys at Law, LLC, I can help you understand what to expect. My goal is to prepare you for the divorce and help you make smart decisions about your future while advocating for you in Colorado courts.
This is a question that I often hear from my clients. While it is impossible to predict, my best answer is that your divorce will take as long as you make it. For spouses who work together to resolve issues, the process often goes quickly. Spouses who fight about every detail may engage in divorce litigation that extends over a period of years.
How long your divorce takes depends on your temperament — and on your spouse's — as well as your willingness to talk to each other. Still, with divorce or legal separation, there is a 90-day waiting period under Colorado law. The law says that either party must reside in Colorado for at least 90 days before filing for legal separation.
To set up a phone consultation with a Colorado legal separation attorney, call my Adams County law firm at 303-500-7706 or fill out the contact form. I accept credit cards as a form of payment and offer mobile representation, working on your schedule in places that are convenient for you.