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Which takes precedence, separation agreement or divorce decree?

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?

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Attorney answers 1


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.

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