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A legal separation can be one of the most stressful experiences of your life. Seeking immediate legal advice will not only put aside some of your fears and concerns, but can help you avoid conduct at the initial stages of the proceeding, which might prejudice your entire case. The legal system is not perfect and you can anticipate delays and, at times, frustration with the process. For the children of the marriage, the marital break up is a frightening experience. A legal separation or divorce may end the marriage, but not the relationship, especially if children are involved. Mental Health counseling is often useful for the adults and the children. What are the grounds for divorce? Most State Courts recognize only one ground for divorce, the "irretrievable breakdown" of the marriage relationship. In order to obtain a divorce, it is necessary for only one party to assert that the marriage is broken beyond reconciliation. In a "no-fault" divorce case, the reasons for the breakdown, as well as questions of fault, are irrelevant. How can I protect myself against physical abuse? A temporary restraining order is a directive issued by the Court to restrict or forbid certain contact between the persons. A District Court may issue a restraining order in situations involving domestic abuse or as part of a divorce or custody case. For information about the documents and procedures for obtaining a restraining order, consult an attorney, the Court Clerk, Legal Aid Society, or the battered person's shelter in your area. A temporary restraining order can be obtained on the same day that you seek it from the Court, and without the other party being present if the circumstances are severe. The person seeking the restraining order must tell the Court, under oath, the reasons for the restraining order and explain his or her belief that imminent physical or emotional harm can be expected without the Court's immediate intervention. What will a legal separation cost? Legal fees are based on many factors, including the complexity of your case; the time limitations to complete the work, the ability to work cooperatively with your spouse; and the Court's docket. It is important to have a written fee agreement. Divorce actions in Colorado are usually charged on an hourly basis, and are not contingent on the outcome of your case. |
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