LAW OFFICE, P.C.
LGBTQ+ Issues and Divorce in Fort Collins
Same-Sex Marriage and Divorce Laws in Colorado
In 2014, Colorado was already recognizing same-sex marriages. A year later, the United States Supreme Court followed suit with Obergefell v. Hodges, which made same-sex and heterosexual marriages equal under federal law. As same-sex couples have the same rights as any other couple to marry, so they have the same right to divorce.
As long as the couple meets the following requirements, they may petition for divorce in Colorado:
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They married in Colorado; and
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At least one of the spouses has been a resident of the state for 90 days prior to filing.
Note that some lesbian, gay, bisexual, and transgender couples may be in a civil union rather than a marriage, as civil unions preceded the legalization of marriage in the state. Dissolving a civil union is generally the same as dissolving a marriage. Our same-sex divorce lawyers can help with cases involving civil unions, as well.
Child Custody & Visitation Issues in Gay & Lesbian Divorces
While Colorado's divorce process applies equally to all couples, LGBTQ+ couples may encounter unique challenges, particularly in child custody matters. When both spouses are recognized as Legal Parents of the child(ren), custody determinations follow the same best-interests-of-the-child standard used for all couples. However, complications can arise when legal parentage has not been established for both partners.
Being a Legal Parent means
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The child was born into the marriage;
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Both spouses legally adopted the child together; or
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A non-biological parent adopted their partner's biological child through a second parent or stepparent adoption.
When only one spouse is the Legal Parent, custody matters become more complex. Courts still prioritize the child(ren)'s best interests, which may include granting parenting time to a non-legal parent who has acted as the child(ren)'s parent throughout the relationship provided no biological parent's rights would be affected. In some cases, parents may need to file parentage petitions to establish their legal parental rights and fully exercise custody and parenting time.
Same-sex parentage is also protected under Colorado's Uniform Parentage Act, which includes the following provisions:
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Clarifies the voluntary acknowledgment of parentage and the rules for acknowledgment or denial;
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Makes provisions for assisted reproduction;
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Creates requirements for surrogacy agreements; and
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Specifies the use of information about donors.
If you are seeking an LGBTQ+ divorce in Fort Collins, CO, reach out here to Shufflebarger Law Office, P.C. for legal assistance. An LGBTQ+ family lawyer can help you assert your rights as a spouse and a parent, especially as they come under pressure in custody proceedings. Whether you have an uncontested divorce on your hands or a complex case that involves paternity or maternity petitions, we can help.
