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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7402
Experience:  Experienced Family Law Attorney
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1. My wife and I filed a joint legal separation in Colorado.

Customer Question

1. My wife and I filed a joint legal separation in Colorado. In the event that I convert this to a divorce, can my spouse modify any of the agreed upon terms including alimony?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

A few more minutes please as I am still looking into this.

Expert:  LegalGems replied 1 year ago.

Thank you for your patience. According to statute 14-10-120, (2) No earlier than one hundred eighty-two days after entry of a decree of legal separation, on motion of either party and proof that a notice has been mailed to the other party at his or her last-known address, the court shall convert the decree of legal separation to a decree of dissolution of marriage, and a copy thereof shall be mailed to both parties.

Expert:  LegalGems replied 1 year ago.

According to the Decree, the court will not modify the legal separation agreement unless the court finds it to be unconscionable.

Expert:  LegalGems replied 1 year ago.

Additionally the court typically reserves jurisdiction to modify support, based on a finding of changed circumstances. https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=71

Expert:  LegalGems replied 1 year ago.

So for example, if a legal separation agreement allowed a party to retain insurance benefits, then the conversion to a divorce can constitute a material change, since a decree of divorce typically ends insurance coverage for the non employed spouse.

Expert:  LegalGems replied 1 year ago.

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