Colorado Springs Legal Separation Lawyers

When your marriage breaks down, you will be faced with many decisions. One of those is whether to initiate the process of divorce or opt for the alternative of a legal separation. While most people divorce, some couples prefer legal separation. 

The processes for both are similar except for the end result. Divorce ends the legal relationship and allows both people to remarry. Legal separation means you remain married under the law while living separate lives. 

If you would like to discuss the alternatives of divorce vs. legal separation with a Colorado family law attorney to learn more, we recommend that you turn to Aviso Law. Our legal team has represented individuals throughout El Paso County in these matters since 2007.

Reach out to Aviso Law for a free phone consultation with a Colorado Springs legal separation attorney by contacting us online or at (719) 356-5552 today. 

Why Opt for Legal Separation

Legal separation can be the better choice for many people for personal, religious, or financial reasons. Divorce permanently ends the marriage and leaves no option for reconciliation. Legal separation gives spouses time and space, allowing them to see if reconciliation is possible before making a final decision.

There are several other reasons people in Colorado Springs pursue legal separation, including:

• The couple is undecided about whether to finalize a divorce
• Divorce violates religious or moral principles, but legal separation does not
• Concerns about how divorce will affect children
• Financial benefits, including keeping a spouse’s health insurance through employment or the ability to collect Social Security, military, and pension benefits
• Tax benefits that allow you to keep filing joint returns

How Separation Agreements Work in Colorado Springs

A separation agreement is a legally binding document that sets the terms for how you and your spouse will handle property, parental responsibilities, debts, and support while you remain married but live apart. In Colorado Springs, couples often use these agreements to create clarity and certainty for both parties. 

Local courts, such as those in El Paso County, encourage the parties to reach fair and practical terms on their own before the court reviews and approves the agreement as part of the separation decree. This agreement can reflect unique circumstances typical of the area, like military deployments or anticipated job changes. 

By agreeing to terms in writing, you gain more control over the outcome, instead of leaving decisions entirely to a judge. If you own property in Colorado Springs, or if your family has special military-related considerations, your separation agreement needs to reflect those realities so your arrangement works in everyday life.

Judges in Colorado Springs review each agreement to check for fairness, especially in cases involving children. The more comprehensive and tailored your agreement, the smoother the approval process will be. A well-drafted separation agreement helps prevent misunderstandings or disputes in the future, creating better long-term stability for everyone involved.

Military Family Considerations During Separation

Military families in Colorado Springs face unique considerations during legal separation. With multiple installations nearby—including Fort Carson, Peterson Space Force Base, and the Air Force Academy—many local families must address shifting schedules, housing allowances, and military benefits. 

Service members and their spouses may have to consider ongoing military health coverage for children, division of government or military pensions, and child visitation terms that take deployments into account. Local courts are familiar with the complexities involved in military cases, but separation agreements should outline these details clearly to reduce conflict later.

Military spouses often rely on community resources or support programs near their installation while navigating separation. El Paso County courts factor in the Servicemembers Civil Relief Act and other military-specific issues, so working with a local attorney who understands both military and family law can make the process more manageable.

The Process of Legal Separation in Colorado Springs

The legal process of separation resolves the same issues as a divorce. It starts when you file a petition with the court stating the reason for your separation. Colorado follows a no-fault divorce policy, which lets you file based on irreconcilable differences. You do not need to prove any misconduct in court to seek a legal separation. 

• Filing the Petition: One or both spouses can file a petition for legal separation with the district court in the county where one of the spouses lives. The petition should outline terms regarding property division, child custody, child support, and spousal maintenance. After filing, you must wait at least 90 days. 
• Serving the Other Spouse: The spouse who filed the petition must serve the other spouse with a copy of the petition and summons.
• Response: The spouse who is served must respond within the timeframe set by the court.
• Negotiation and Mediation: You may negotiate or mediate to resolve issues in the separation. Mediation can help resolve disputes and reach a mutually agreeable settlement.
• Court Hearing: If you and your spouse cannot agree on terms, the court holds a hearing to set the specifics. The court considers the children's best interests, the spouses' financial situations, and specific needs when making decisions.
• Decree of Legal Separation: The court issues a decree, which includes the terms for property division, child custody, child support, and spousal maintenance.

Once the court issues the legal separation decree, you and your spouse become financially independent while remaining legally married. Should either spouse wish to remarry, you can convert a separation into a divorce after six months from the date of separation. 

Key Points to Remember

• Legal Status: While legally separated, spouses remain married and cannot remarry without first ending the marriage in court.
• Property Division: The court divides marital property based on Colorado law, considering each spouse's contributions and finances.
• Child Custody and Support: The court sets custody and support arrangements for any children.
• Spousal Maintenance: The court may award maintenance depending on circumstances and the state’s guidelines.
• Tax Implications: Legal separation can affect your tax filing status, so always check with a tax professional.

Colorado Springs courts also consider military family dynamics when setting fair terms, due to the area's many service members. Judges address pensions, health coverage, and child visitation with local job changes or deployments in mind. Our Colorado Springs separation agreement attorneys anticipate these details to minimize surprises during legal proceedings.

A family law attorney can guide you through the legal process and help protect your rights.

Ready to Get Started? Contact Us Now

If you are considering legal separation, Aviso Law can help you understand all aspects of the process, support you as you negotiate terms, and guide you through the local courts. Our team has assisted many Coloradans in reaching positive outcomes with both divorce and legal separation.

With more than a thousand family law cases handled locally—including many for military service members and residents throughout El Paso County—our firm is familiar with the unique challenges and opportunities found in Colorado Springs. We approach every separation with careful preparation and attention to the personal factors that matter most, offering affordable, virtual consultations that make the process accessible wherever you live in the region.

Contact Aviso Law via email or phone at (719) 356-5552 today.