Yuma, CO Divorce Law Firms & Lawyers

In Colorado a Decree of Legal Separation can only be entered by the Court if both parties agree to do that instead of a dissolution of marriage (i.e. divorce). If you want to end the marriage rather than simply have a Legal Separation all you have to do is say so. The Decree, whichever it is, is entered by the Court at the end of the proceedings when all financial issues and parenting issues have been decided (either by mutual agreement or by judicial rulings). Once entered, a Decree of Legal Separation lasts indefinitely unless one party after six months decides to have it converted to a Decree of Dissolution. There are situations where a Legal Separation is an advantage if the parties are not interested in remarriage. One example is the ability to continue health insurance coverage for both spouses when only one of them has an employer health plan.

Do you mean that you both want a divorce when you say "mutual agreement in divorce" or that you agree on parts of the divorce itself? Maintenance depends on how much property you receive in the divorce, your reasonable needs (i.e., how much cash do you need to live on each month), length of marriage, lifestyle during marriage and other factors. It's hard to say how long or how much. Often we see 1/3 to 1/2 the length of the marriage, but it can be longer in long marriages. The amount will depend on the above factors, but I might expect a court to order anywhere from $2,000 to $4,500 per month. You really should hire a lawyer here since so much money is at stake. You can ask that the court order him to pay your attorney fees since he makes so much more than you. You also can ask for temporary maintenance if you need are having trouble meeting your needs now. I offer a free initial consultation if you want to discuss further.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.