Denver, CO asked in Divorce for Colorado

Q: My husband wants a trial separation. Do we need this in writing legally so it won’t be considered abandoning the marriag

Related Topics:
2 Lawyer Answers
Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Colorado Springs, CO
  • Licensed in Colorado

A: You can file for a legal separation, however most people file for dissolution instead. If you want to have a trial separation, you can do that without court action however each of your interests in marital property will continue to accrue.

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: I would not be concerned with being considered as "abandoning the marriage". That concept does not have any relevance in a "no-fault' case. However, it may be useful to have a written agreement re finances during the separation. You should get a lawyer to help you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.