Q: If your husband is wanting a legal separation what should be covered in writing.

A: A legal separation functions just like a divorce, except that at the end the marriage is not dissolved (meaning that neither party can remarry). In other words, property/debts are divided, child support is calculated, and alimony is calculated. Legal separations--which are relatively uncommon--usually occur for either religious reasons or to preserve certain long-term financial plans. Informal (non-legal) separations do not divide property, but the couple usually lives separately and divides assets. Informal separation does not require court approval, but it also means that both parties are still legally married (e.g. the parties can not speak for 20 years, but they are still legally married).

You or your husband should contact a lawyer to discuss the relative advantages/disadvantages of informal separation, legal separation, and divorce. The basic forms for divorce and legal separation can be found at the CO Courts webpage.

A: CORRECTION:

Informal separations do not divide property by court order, but often the parties informally divide property. This informal division may not be the same as a court would require for the division.

A: The main topics to cover are:

1. Parental responsibility for the children (custody and visitation)

2. Property/ Debt division

3. Child support

4. Maintenance (Alimony)

5. Attorney fees.

You should retain an attorney to make sure everything is covered correctly.

A: As to the kids: Parenting Time, Decision-Making, Child Support

As to finances: Division of Property and Debt, Spousal Support

Basically, the agreement should cover anything that would be covered in a divorce agreement. Keep in mind that once a decree of legal separation enters, either side can convert it into a decree of divorce after 6 months and there is no way to stop it from happening. Thus, it's important to make sure all i's are dotted and t's are crossed when wrapping up the legal separation.