Our families come first. At Tolison & Williams, Attorneys at Law, LLC, we understand the stress, anxiety and fear that accompany the separation of a family. As a Brighton area family law lawyer, we deal with people that want to get a divorce. However, there are different ways that spouses can separate.
Legal separation is a very similar process to the dissolution of marriage. It allows spouses to remain married while living separately.
After working with an attorney 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 a family law attorney as soon as possible. At the Brighton area Tolison & Williams law firm, we can help you understand what to expect. Our goal is to prepare you for the separation and help you make smart decisions about your future while advocating for you in Colorado courts.
How long is this process going to take? This is a question that we often hear from my clients. While it is impossible to predict, our best answer is that your separation 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 litigation process that extends over a period of years.
How long the legal separation will take depends on your temperament — and on your spouse's — as well as your willingness to talk to each other. Still, with both divorce or legal separation, there is a ninety-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 our Adams County law firm at 800-331-0745 or fill out the form below.