Denver LGBTQ Family Lawyers

Ending a relationship is a deeply personal and often painful experience for everyone. For members of the LGBTQ+ community, dissolving a marriage can present unique legal hurdles that traditional families rarely face. While marriage equality is the law of the land, statutes regarding parentage and custody have not always kept pace with modern family structures.

At the Women’s Divorce & Family Law Group, we understand that your family deserves dignity, respect, and rigorous legal protection. Our attorneys are dedicated to helping same-sex couples in Colorado protect their rights while dissolving their legal partnerships.

Understanding Same-Sex Divorce in Colorado

Since the legalization of same-sex marriage, LGBTQ+ couples in Colorado follow the same general procedures for divorce as opposite-sex couples. Colorado is a “no-fault” state. This means you do not need to prove that your spouse committed adultery or abandoned the family. You simply need to state that the marriage is irretrievably broken.

The same residency rules also apply. To file for a divorce in this state, at least one spouse must have been a resident of Colorado for a minimum of 91 days.

The Complexity of Civil Unions

Before marriage equality was federally recognized, many couples entered into civil unions to protect their relationships. Colorado still recognizes civil unions. The process to dissolve a civil union is very similar to a divorce, yet it can create confusion if you were also married in a different jurisdiction.

If you have both a civil union and a marriage license, these statuses often merge under the law. Our team helps you untangle these legal threads to verify that every aspect of your partnership is addressed during the separation process.

Protecting Your Parental Rights

For many same-sex couples, the most stressful aspect of separation involves children. Colorado uses the term “Allocation of Parental Responsibilities” rather than custody. The court looks at what is in the best interests of the child.

Biology should not dictate your relationship with your child. However, parentage laws can be complicated for non-biological parents. If you used assisted reproduction, surrogacy, or adoption to build your family, establishing legal parentage is vital.

We help you safeguard your role in your child’s life by addressing:

• Second-Parent Adoptions: Confirming legal ties for a non-biological parent.
• Parentage Orders: Establishing legal rights before or during the separation.
• Parenting Time: Creating schedules that maintain stability for the child.

Equitable Distribution of Assets

Colorado follows the rule of “equitable distribution.” This does not necessarily mean a 50/50 split. Instead, the court divides marital property in a way that is deemed fair.

For LGBTQ+ couples, this can get complicated if you were together for years before you were legally allowed to marry. Determining what counts as “marital property” versus “separate property” requires a keen eye. We look at the history of your relationship to advocate for a financial split that truly reflects your contributions to the partnership.

Choose a Supportive Partner for Your Legal Journey

If you are a member of the LGBTQ+ community, you need an attorney who validates your experience and understands the specific nuances of Colorado law regarding same-sex relationships. At the Women’s Divorce & Family Law Group, we provide a safe, judgment-free space to discuss your fears and goals.

If you are considering a divorce or the dissolution of a civil union, please reach out to our LGBTQ family law attorneys today. We are ready to listen to your story.