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Separation Agreements

Are you involved in a divorce or case and are trying to reach a separation agreement? You are probably feeling a bit overwhelmed at life events and the legal process. The good news is that you can take charge and seek expert assistance. An experienced divorce and child custody attorney can guide you through the separation agreement process to assist in exploring your options. The separation agreement process can be complex so a knowledgeable guide is important for success. You have one bite at the apple in the court system so make it count. Educating yourself about witness options is important.

Separation agreements generally cover division of assets and debt as well as spousal maintenance and often include standard contractual language. There are many financial decisions to make. The agreement will have to establish the court's jurisdiction to issue an order pertaining to it. It will also have to identify assets and debt and identify how it will be allocated. Further it will cover spousal maintenance and indicate whether it will be waived or elected. If you are reviewing a separation agreement, you will want to determine whether any or all of the following provisions are included:

Jurisdiction
  • Date of marriage
  • Date of separation
  • This may be relevant as to division of assets and debt incurred after the separation date
  • Length of domicile in Colorado
  • The length for at least one party must be at least 91 days
  • Date and method of service of process
Children
  • Names
  • Ages
Irretrievable Breakdown
  • Statement regarding irretrievable breakdown of the marriage
Spousal Maintenance
  • Statement of knowledge regarding ability to apply for maintenance
  • Waiver or election of maintenance
  • Amount and duration
  • Modifiability
  • Termination provisions
  • Security - life insurance
Division of Assets and Debt
  • Real estate
    • Sale or retention and terms
  • Personal property
  • Automobiles
  • Cash and bank accounts
  • Investment, securities and brokerage accounts
  • Business interests
  • Retirement accounts
    • These can be valued and retained or divided by statutory formula
  • Debt
Payment of Attorney's Fees

The general rule is that each party pays his or her own fees. however there can be exceptions based on income disparities or procedural misconduct

Miscellaneous Provisions
  • COBRA and medical insurance
    • This may be relevant for transitional coverage
  • Current year and future income tax returns
  • Property transfer methods and documents
  • Effective date of agreement
Optional Contractual Clauses
  • Mutual release of future obligations
  • Governing law and jurisdiction
  • Continuing jurisdiction
  • Final agreement
  • Future dispute resolution methods
  • Bankruptcy protections
  • Knowledge of other party's assets and debts
  • Indemnification
  • Severability
  • Modification
  • Understanding of parties as to agreement
Turning Change Into Opportunity in Colorado Springs

A knowledgeable and experienced divorce and family law attorney can guide you through Colorado Springs separation agreements by negotiating, mediating and litigating. Give yourself the benefit of hiring one. This allows you to focus on moving on to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law Solutions has more than 20 years of legal experience and protects your best interests. She ensures that you are aware of your legal rights and obligations. Contact us at 719-344-5523 for a free 30-minute informational consultation or complete our online form.

Client Reviews
★★★★★
Excellent service! Sabra and her team work diligently while looking for all the little details that impact the case. Im so grateful to have found this firm. Great communication from start to finish. Also they were very patient with my lack of understanding the court process. Highly recommend! Chris Faucett
★★★★★
As an active duty service member I can definitely say that at Janko Family Law Solutions I was served with the utmost professionalism, in a timely and efficient manner. Very glad I discovered these experienced professionals to assist me in my legal circumstances, and I will certainly be recommending them to people in the future. Rebecca Cody
★★★★★
Sabra and her office are wonderful to work with! ... very knowledgeable, supportive, and compassionate during the entire process. The experience and legal expertise are evident. Tim Halladay
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719-344-5523