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What steps do i take to file for separation and child/spousal support

Colorado Springs, CO |

husband is active duty military(army)
2 minor children

Attorney Answers 4

Posted

You need to file a petition for legal separation or for dissolution of marriage and have your husband served. Child support and spousal maintenance will be addressed in the separation or divorce case. You may want to sit down with an attorney to discuss the exact process - as well as some of the special considerations that arise in pursuing cases against active duty military members and diving military retirement benefits.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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Asker

Posted

if we agree on an amount, and everything else within the separation, will we still need to go through actual "in-court" time? are we able to write everything out between the two of us, and file, and have that be that?

Stephen Clark Harkess

Stephen Clark Harkess

Posted

If children are involved you cannot avoid a short hearing unless you are both represented by counsel. If you both had an attorney you could avoid even a short hearing if everything was complete.

Posted

You can file and serve the summons and petition of dissolution. Since your husband is active military he can have the court stay the proceedings. There are issues of his military retirement that will need to be divided and parenting, child support, property division and possibly maintenance issues as well. Consult an attorney.

Visit our website at www.apriljoneslaw.com for more information.

If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button at the bottom of this answer. It’s easy and appreciated. 

Best,
April Jones
Attorney Since 1991

All written responses are for general informational purposes and do not constitute legal advice. Please consult an attorney for legal advice

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Posted

File a Complaint/Petition for Divorce or Separation.

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

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Posted

To supplement the answers provided by my colleagues, depending on how long you and your husband have been married while he has been active military, you may be entitled to some of his military retirement benefits. That is a specialty area of practice which is not understood well by a number of attorneys and judges. I make a point of consulting with an expert in this area whenever I handle a divorce involving a military member. At the very least, you need to consult with someone who understands these issues and can advise you as to whether you are entitled to part of his retirement and, if so, give you a reasonable assessment of the value of your interest in his retirement benefits.

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Asker

Posted

I dont feel any entitlement to his military retirement, so thats not an issue for me. He and I have agreed on an amount for support though. So I guess really Im just curious about where to go with our agreement (we have laid out EVERYTHING; debts, medical finances for our kids, school for them, custody, basically anything and everything you can think of, its completely agreed upon.) we have this agreement written out and it has been notarized... not by anyone within the courts... so... Im wanting to know... where do i go from here... and how do we avoid any "in-court" time?

Karl J Geil

Karl J Geil

Posted

To try and do this yourself, all the forms you will need are available at http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=14, which is the Colorado Judicial Department's website. The link I provided takes you straight to the forms for a dissolution of marriage where there are children involved. Because there are children involved, the only way to avoid all court time is if you are each represented by attorneys. Otherwise, at a minimum, you will need to attend an initial status conference and a final hearing. Once you file the case, you should receive a Case Management Order from the court telling you what steps you need to take in that court, and you will both be directed to attend a Parenting After Divorce seminar before the final Decree enters.

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