The legalization of same-sex marriage in Colorado since 2014 has been a significant milestone for the LGBTQ community in the state and has marked a significant shift in public opinion on the issue nationwide. The diversity and complexity of same-sex marriages in Colorado make it crucial to address the legal requirements, common issues, and finding specialized legal representation in same-sex divorce cases.
The History of Same-Sex Marriage in Colorado
Before 2014, Colorado did not legally recognize same-sex marriages. In 2006, Amendment 43 defined marriage as a union between one man and one woman, effectively preventing same-sex marriages. However, the landscape began to change in 2013 when multiple lawsuits challenged Colorado’s ban on same-sex marriage. The Colorado Civil Rights Commission later ruled that the ban violated the state constitution in July of that year. The ban on same-sex marriage was finally lifted on October 7, 2014, when the U.S. Supreme Court declined to hear the state’s appeal.
The Legal Requirements for Obtaining a Same-Sex Marriage and Divorce in Colorado
The legal requirements for a same-sex marriage in Colorado mirror those of a heterosexual marriage. Both partners need to be at least 18 years old, or obtain permission from a parent or legal guardian if they are younger. They must not be currently married to others and must not be closely related. Additionally, the couple must apply for a marriage license in person at a county clerk’s office, and the license remains valid for 30 days.
To obtain a same-sex divorce in Colorado, the process is similar to that of a heterosexual divorce. The petitioner, the partner initiating the divorce, must file a petition for dissolution of marriage with the court. The grounds for divorce, such as irreconcilable differences or marital misconduct, need to be stated in the petition. The other partner must be served with a copy of the petition and given an opportunity to respond. The couple then works together to resolve issues such as property division, child custody, and spousal support.
The Most Common Issues That Arise During a Same-Sex Divorce in Colorado
Similar to heterosexual divorces, same-sex divorces in Colorado commonly face issues related to the division of property, child custody, and spousal support. Division of property follows the principle of "equitable distribution," which aims to distribute marital property fairly but not necessarily equally. It can become particularly complex for same-sex couples with joint assets, such as shared homes or vehicles.
Determining child custody involves finding a solution that best serves the child’s interests. Mediation or even litigation may be necessary if the couple cannot reach an agreement on their own. Additionally, spousal support, or alimony, may be applicable in certain cases, depending on factors such as the duration of the marriage and each partner’s income and earning potential.
Finding a Colorado Divorce Lawyer Who Specializes in Same-Sex Divorce Cases
When considering a same-sex divorce in Colorado, it is essential to seek legal representation from a lawyer who comprehends the unique legal issues involved. Many lawyers in Colorado specialize in same-sex divorce cases and possess the expertise to guide you through the entire legal process.
When selecting a lawyer, it is advisable to choose someone with experience working with LGBTQ clients and familiarity with Colorado’s specific laws regarding same-sex marriage and divorce. Referrals from friends or family members who have undergone a similar experience can also aid in finding capable legal representation.
Conclusion
Same-sex marriage and divorce have become legally recognized in Colorado, but they introduce their own set of legal matters and challenges. Whether you are contemplating a same-sex marriage or divorce in Colorado, it is crucial to collaborate with a lawyer who comprehends the exceptional legal aspects involved and can assist you throughout the process with confidence and ease. By understanding the legal requirements, common issues, and the importance of specialized legal assistance, individuals can navigate same-sex marriage and divorce in Colorado successfully.