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

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2 Lawyer Answers
Sabra M. Janko
Sabra M. Janko
PREMIUM
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.

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