Are you involved in a Colorado divorce with a separation agreement? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.
Separation agreements document arrangements regarding asset and debt division as well as spousal maintenance in the course of a marital dissolution. Agreement interpretation is governed by contract and domestic relations law. Each provision of the agreement can be customized to the parties’ situation. Reviewing a separation agreement drafted by another attorney is as complex as drafting one. A separation agreement generally includes standard contractual provisions in addition to the customized property and support clauses. At a minimum, a separation agreement should include the division of marital assets and debts as well as spousal maintenance provisions.
When drafting, it is important to be specific so as to avoid later disagreements about intent. and interpretation. For example, set forth specific timelines for each party to perform any necessary act, such as a title transfer. It is possible to anticipate common areas of disagreement; however, because it is not possible to anticipate every dispute that may arise, it is also important to include a future problem-solving mechanism, such as mediation.
The main purposes of a separation agreement are to set forth who will receive what marital property and debt, and to provide for any financial support. After parties enter into a separation agreement, they submit the agreement to a court, which must approve provisions relating to property distribution and spousal maintenance, unless they are unconscionable. In most cases courts approve agreements because they prefer parties to reach arrangements themselves rather than litigate important and personal financial issues, if possible. If the court accepts the agreement, it is then merged into the agreement as a court order. Subsequently, the agreement may then be enforced as any other court order is enforced, to include the potential for contempt of court.
Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody
A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.
Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.