Q: Can I file a parenting plan in Colorado without a divorce or separation?
My husband & I are at a crossroads & the counselor suggested I come up with some kind of legally binding agreement regarding the children & household & divorce becomes what happens when its broken. How can I do that? Where would I look?
A:
You can have a private agreements, but without a court order there is no means of enforcement. That said, if you both agree on all terms you can file for divorce/legal separation in a non-contested manner (this means significantly lower costs and usually no court appearances).
I assume that the counselor is not a lawyer. While I always advise clients about mediated divorces (they really do produce better results), I would highly recommend that you get a lawyer involved at some point. A lawyer can help with the filings. I wonder how a non-lawyer can draft a complex separation and custody agreements and understand the applicable divorce rules. There are lawyers who will work as mediators for both parties. Another option is to hire a lawyer for unbundled work (i.e. the lawyer only drafts the legal agreements).
It is your choice, but I highly recommend that you have a lawyer advise and draft documents.
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