Which takes precedence, separation agreement or divorce decree?

Asked over 4 years ago - Colorado Springs, CO

If I have a separation agreement that has one parent time plan, then I have a divorce decree with a different parent time plan, which is followed?

Attorney answers (1)

  1. Ann Catherine Gushurst

    Contributor Level 8

    Answered . In Colorado, generally the decree adopts the separation agreement as the order of the court. I don't know how you could end up with a separation agreement that is different from the decree unless you didn't incorporate the agreement into the decree, or IF the separation agreement was done later. If so, the answer depends on whether or not the separation agreemeent was adopted by the court and made an order of the court. The court is bound to accept the separation agreement, under CRS 14-10-112 if it finds that it is a fair agreement and in teh best interests of your children. Since parenting plans are always modifiable, whichever is the latest order of the court is what the current order is. I hope this helps.

Related Topics

Legal separation and divorce

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,798 answers this week

3,254 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,798 answers this week

3,254 attorneys answering