Family Law, Divorce, Custody and Child Support Attorneys in Colorado Springs, Colorado

Separation Agreements

Jason A. Márquez, Colorado Family Law Attorney

Colorado District Courts are not immune to the ongoing recession.  Court dockets have become so full that it often takes up to nine months to schedule permanent orders hearings in domestic cases.  Accordingly, parties are contemplating the resolution of the marital issues without court intervention at an increasing level.  To settle a case without court intervention requires several things, but most importantly, a separation agreement and a parenting plan, when children are involved.  

Separation agreements come in many forms and often include any legally binding written document signed by both parties that memorializes any agreements the parties have made with respect to the disputed issues.  Separation agreements, often referred to as stipulations, are generally filed with the Court and ultimately become the Court’s orders.  A good separation agreement should attempt to resolve all of the issues.  These issues include, but are not limited to:  allocation of debts and assets, resolution of future disputes, spousal maintenance, separate property, insurance and many more.  Depending on the complexity and amount of issues in any case, separation agreements can be brief or appropriately lengthy. 

The amount of conflict and the complexity of the issues often impact the ability of the parties to negotiate, or alternatively, the amount of time the parties will require to conduct a contested hearing in the district court.  Lengthy contested hearings are difficult to come by and the courts often prefer to entertain only those issues that are actually in dispute.  Therefore, there is often inadequate time to address all of the issues in domestic cases.

It is very difficult for parties to get on with their lives without resolving property distribution, payment of marital debt, spousal maintenance, etc.  Separation agreements can be temporary, permanent and be as comprehensive as necessary given the circumstances in each case.  Therefore, it is important to draft them with meticulous reflection and insight into the past, present and the future.  Experienced domestic attorneys have confronted a multitude of marital issues and have become experts in drafting separation agreements that help decrease the chances of future litigation.  When actual agreements are made, the parties often feel they have achieved their goals, which often facilitates the closure they desire. 

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