Colorado began recognizing same-sex marriages in October 2014. Less than one year later, same-sex marriages became legal across the United States after the Supreme Court of the United States decided in Obergefell v. Hodges. While this made same-sex and opposite-sex marriages equal under the law, the relative newness of same-sex marriage means that some issues continue to come up when these couples get divorced.
For example, what if the couple lived together for years before their marriage was legal? Could common law marriage apply before 2014? Or what if the couple was married in a different state before 2014, and then lived in Colorado for some time before their marriage was recognized in the state? Because the length of a relationship plays an important role in divorce proceedings, the answers to these questions are essential in these cases. That’s why it’s important for anyone going through a same-sex divorce in Colorado to hire a knowledgeable divorce lawyer.
Same-Sex Divorce Process in Colorado
Before same-sex marriage became legal in Colorado, the state recognized same-sex civil unions. This means many same-sex couples are in civil unions rather than marriages. The process of ending a civil union is generally the same as dissolving a marriage. Despite the unique challenges that same-sex couples commonly face, the same laws apply to all individuals seeking a divorce in Colorado.
To undergo a same-sex divorce in Colorado, the couple must have lawfully entered the agreement. This can be a challenge for those who committed to their partnership before the legalization of same-sex marriage in Colorado but never transitioned to a legal marriage. These couples might need to follow common law separation laws.
Additionally, one of the following conditions must be met:
- The couple entered into the marriage or civil union in Colorado.
- At least one party has resided in Colorado for a minimum of 90 days.
If your situation meets these criteria, a knowledgeable divorce lawyer can help you take the necessary steps and manage the complexities of ending a legal relationship.
Whether you are going through a same-sex divorce in Colorado or dissolving a civil union, having experienced legal support is crucial for a smooth process. Our dedicated team understands the unique needs of same-sex couples and is here to guide you through every step of your same-sex divorce in Colorado.
Types of Divorce in Colorado
No two divorce cases are alike, and that applies to same-sex divorces in Colorado as much as any other demographic. Colorado allows for various types of divorce proceedings to accommodate the unique circumstances of each case. Here are the main types of divorce available in Colorado:
Uncontested Divorce: In an uncontested divorce, both partners agree on most aspects of the divorce, such as property division, child custody, and spousal support. This is generally the most preferred process for couples because it is quicker, less expensive, and less stressful. Since there is mutual agreement, the need for court intervention is minimal.
Mediated Divorce: In a mediated divorce, a neutral third party, often a trained mediator or a Denver divorce attorney, assists both partners in negotiating and reaching an agreement. The mediator helps facilitate discussions and resolve conflicts, aiming to avoid going to court. Mediation is particularly beneficial for couples who are open to communication and willing to compromise.
Collaborative Divorce: In a collaborative divorce, each partner has their own attorney, and all parties agree to work together to resolve issues without resorting to litigation. Both attorneys and the couple commit to finding mutually acceptable solutions.
Litigated Divorce: A litigated divorce occurs when partners cannot agree on key issues, leading to court hearings and a trial. This type of divorce is often necessary when there are significant disputes over child custody, division of assets, or spousal support. Litigated divorces tend to be more time-consuming and expensive, as they involve extensive legal proceedings and the court’s intervention.
The type of divorce you need depends on your wishes and the temperament of both parties. Regardless of the type of divorce you choose, it is essential to have experienced legal support to navigate the process and protect your interests. Our team understands the unique challenges involved with same-sex divorces in Colorado and is here to provide the guidance and representation you need to achieve a fair and amicable resolution.
Same-Sex Spouses Married in Other States
Several other states recognized same-sex marriage before Colorado did, leading some couples to marry in those states and later move to Colorado. To prevent legal complications about the validity of these marriages, Colorado enacted a provision that mandates all marriages and civil unions be treated equally, as long as they were legally recognized at the time and place they occurred. This means that same-sex marriages performed in other states are fully recognized in Colorado, ensuring that these couples do not face unnecessary legal hurdles.
It is important to remember that to file for a same-sex divorce in Colorado, at least one partner must have lived in the state for a minimum of 90 days. This residency requirement establishes jurisdiction, allowing Colorado courts to handle the case and grant the same-sex divorce in Colorado. By treating all marriages and civil unions the same, Colorado provides legal uniformity and fairness, simplifying the same-sex divorce process for couples and ensuring they receive the same legal protections and considerations as heterosexual couples.
