Download Colorado Marital Separation Agreement Form [PDF]

Colorado marital separation agreement form is a legal document used by spouses who wish to live separate lives without going through a divorce. This agreement contains all relevant matters for the separation process, like alimony, child custody, or living arrangements.

When the process of legal separation is finished, spouses are still married, and if they want to end their marriage, they need to file for divorce and get a divorce decree from the court.

Is a Separation Agreement Legal in Colorado?

Yes, a separation agreement is legal in Colorado. Spouses in Colorado can draft a separation agreement to form the terms of their separation. They can hire an attorney to help them draft an agreement, or they can create one themselves using a separation agreement template.

Laws and Legal Requirements for a Marital Separation Agreement in Colorado

Laws and legal requirements for a marital agreement in Colorado outline conditions that spouses need to follow during the separation process.

Section 14.10.106 of Colorado Revised Statutes states that to get a legal separation in Colorado, the following conditions must be met:

Laws and Legal Requirements

One of the spouses has lived in Colorado for at least 91 days before starting the separation process
Marriage is broken and unrepairable
If only one spouse filed for separation, at least 91 days have passed since the court obtained jurisdiction over the other spouse
The court will decide the important matters of separation
The court will determine if a child is part of the marriage and order one spouse to pay child support unless that spouse denies being a parent
The court will grant a separation unless one spouse disagrees

Signing Requirements for a Marital Separation Agreement in Colorado

The signing requirements for a marital separation agreement in Colorado are not specific to this state, but it is generally accepted that the agreement should be in writing and signed by both parties.

It is not required, but the notary public can witness the signing of the document, which adds more security.

What Does a Marital Separation Agreement in Colorado Cover?

A marital separation agreement in Colorado covers all the areas that need to be addressed to establish clear guidelines for both partners during the separation process. Separation agreements may vary depending on the couple's circumstances and needs.

Some of the areas that a comprehensive separation agreement form should cover are:

Marital Separation Agreement Coverage

Living arrangements—spouses will decide where they are going to live during and after the separation period
Marital property and assets—spouses should divide the real estate, cars, or personal belongings
Child custody and support—spouses will make arrangements concerning custody of children and payments for child support if needed
Spousal support—if one spouse is unemployed or financially dependent on the other, regular payments should be set as a form of support