In this blog post, I will share 35 years of experience, specific suggestions, and factual knowledge to make the mortgage process for a home purchase or refinance transaction far more accurate, less intricate, and as hassle-free as possible, whether you're considering a divorce, in the middle of a divorce, or post-divorce.Read More
I am frequently asked about the difference between a legal separation and a dissolution of marriage. An individual’s motivation for seeking a separation, rather than a dissolution, varies, and can include religious reasons, protection of property, or wanting to leave the option for reconciliation open. This article discusses the differences between a legal separation and a dissolution in Colorado.
If a petition for dissolution is filed, one party can request that the court enter a decree of legal separation instead. Unless the other party objects, the court must grant a legal separation, rather than a dissolution.
Functionally, the process for obtaining a legal separation is the same as for a dissolution of marriage. This is the largest disadvantage, since the process for separation is not any easier than for a dissolution. Both parties will exchange financial disclosures, and the court will enter orders for maintenance and division of property. If there are children, the court will also set a parenting time schedule and order child support.
The main difference between a legal separation and a dissolution of the marriage is the legal effect of the decree. After a decree of separation is issued, the parties remain legally married. Thus, neither party can remarry. However, many benefits, including insurance and military benefits, may still be available. If you are concerned about retaining these benefits, speak to an experienced attorney, who can offer advice.
After a decree of separation is entered, either party can ask the court to convert the decree to a dissolution. If more than 182 days have passed since the decree of separation was issued, the court must convert the decree upon the request of a party, regardless of whether the other party objects.
With the rise in popularity of in vitro fertilization (IVF) in the last several years, many couples are now facing the question of what to do if they have remaining embryos after they are done building their family. Embryo adoption is a creative solution for couples who have embryos remaining after IVF, which allows the biological parents of an embryo to donate it to another couple.Read More
For many people, a divorce is their first encounter with the legal system. As a result, many of the terms used by attorneys and judges are unfamiliar.Read More
For many people, the process for a dissolution of marriage (Colorado’s term for a divorce) is unfamiliar. This guide is intended to give an overview of the steps to getting a dissolution in Colorado. Because each case is different, your divorce may involve all of these steps or only some of them.Read More