Free Colorado Marital Separation Agreement

IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

    LIVING SEPARATE AND APART

Name: Date of Birth:
____________________ _____________ _____________, ____________________
  1. Regular visitation schedule:
    ______________________________________________
  2. Vacation visitation schedule:
    ______________________________________________

IN WITNESS WHEREOF the Parties have duly affixed their signatures on this_____________ of _____________, 20___.

SIGNED by ________________
In the presence of:

SIGNED by ________________
In the presence of:


THE STATE OF COLORADO

COUNTY OF ____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged his signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on his own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________, 20___.

THE STATE OF COLORADO

COUNTY OF ____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged her signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on her own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________,20___.

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF COLORADO
COUNTY OF ____________________

I, _______________________________, of the City of ___________________________, in the State of Colorado, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of this foregoing Separation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ________________ or any other person.

DATED at the City of _________________, in the State of Colorado this ___day of _________, 20___.

________________________
Print Name: ____________
Attorney

I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ____day of ______________20___.

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF COLORADO
COUNTY OF ____________________

I, _______________________________, of the City of _________________________, in the State of Colorado, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of this foregoing Separation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ________________ or any other person.

DATED at the City of __________________, in the State of Colorado this ___day of _________, 20___.

________________________
Print Name: ____________
Attorney

I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.

Legal Separation in Colorado

The alternative to a divorce or marriage annulment in Colorado is legal separation. It shares similarities with divorce in that it works out child custody, maintenance, the division of assets and obligations, and any other shared responsibility and right. The primary difference is that it does not end a marriage permanently, which means none of the parties may remarry while this status still binds.

The procedures for legal separation are similar to those followed in a divorce, but it is faster. The first step is usually the serving of pleadings where the party initiating the proceedings will be required to file a Marital Separation Agreement with the court. The other party is served with the papers before proceeding to the second step.

The next step is financial disclosures where the parties are expected to make full financial disclosures, even when they agree on all matters. The reason for this exhaustive disclosure is to determine a fair value before accepting the agreement.

After these two steps have been met, the matter will then proceed to finalization. The two will be granted a Judgment of Legal Separation. The main difference is that legal separation does not take as long as divorce and the parties will not be required to prove fault.

The main benefit of filing a Marital Separation Agreement in Colorado is in the little time the procedure takes. Otherwise, you will still follow the same procedure as divorce, and you cannot remarry since the marriage is still legally recognized.

Why Seek Legal Separation?

If the marriage is not working but you think that taking a break from each other could help, you may want to consider legal separation. The state of Colorado does not require that you separate before you file for divorce, and so those preferring to dissolve the union at once permanently can go ahead.

Colorado Marital Separation Agreements are also for those who are held by religious beliefs or want to continue sharing benefits that come with being married such as health insurance.

After the legal separation, a couple can go ahead and seek to terminate the marriage altogether, or file documents to the court to do away with the file and resume their marriage. If dissolution is the final decision, then the party seeking it will be required to file a new request. The judge will then follow procedures for a divorce and terminate the legal separation.

The decision whether to dissolve a marriage or to file for legal separation is personal. After making the decision on which option serves you best as provided by the state’s family law, fill out the above details to create a Colorado Marital Separation Agreement.

Whether you live in Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, Thornton, Arvada, Highlands Ranch, Westminster or any other city of Colorado, you can use our legal forms easily.

Sample Marital Separation Agreement