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Colorado divorce can be just as complicated and difficult for same sex couples as it is for heterosexual spouses. While same sex partners may face different issues in their divorce, it’s no less critical for them to retain an experienced Colorado divorce lawyer at The Cossitt Law Firm, LLC.

The truth is that divorce for any couple can require dealing with several sensitive matters—and how those matters are resolved through the dissolution process can have long-term impacts on your life after divorce.

With a skilled divorce attorney in your corner, you will have the counsel, support, and representation you need to understand the issues and your options at every point. You’ll also have a fierce advocate on your side, ready to help you seek favorable resolutions. That can make all the difference in the duration and outcome of your same sex divorce case.

Call (970) 488-1887 or email our firm for a 100% confidential consultation.

Divorce consultations via phone and Skype are available to anyone who is unable to visit our conveniently located offices in Fort Collins, CO.

What Issues Need to be Decided in a Same Sex Divorce Case?

The issues in same sex divorce cases in Colorado will vary from couple to couple. One key difference in same sex divorce versus traditional divorce cases can be in how determinations are made about the duration of the relationship. Specifically, it may be necessary to:

  • Factor in the time prior to a marriage or civil union that a couple held themselves out as being “married” or in a common law marriage
  • Reviewing any existing domestic partnership agreements

Once the length of the relationship has been determined, other issues that can arise in same sex divorce in Colorado often mirror the issues that can arise in a heterosexual divorce. In particular, these issues generally include (and may not be limited to):

  • The validity of any prenuptial or post-nuptial agreement
  • Division of the marital property, including assets and debts acquired during the marriage (with some exceptions)
  • Support payments, which may include spousal support and/or child support (depending on the circumstances)
  • Child custody if a same sex couple shares children

How Long Does Same Sex Divorce Take in Colorado?

Divorce for any couple can be resolved faster—or it may last longer—based on the issues and the individuals involved. Some of the many factors that can impact how long it takes to get a same sex divorce in Colorado can include:

  • Whether the exes can agree on or are fighting about the issues in their divorce
  • How many issues are points of contention
  • How willing both parties are when it comes to working out a compromise versus how committed either party may be to getting revenge or fighting it out with an ex

In the event exes are on the same page about all of their divorce issues, the fastest timeline for resolving a dissolution case would be 90 days. The reason is that, by law, courts are required to abide by this 90-day waiting period, which starts as of the date the Dissolution of Marriage petition has been filed.

How Does the Same Sex Divorce Process in Colorado Work?

The divorce process for same sex couples can proceed along any of the paths available to divorcing heterosexual spouses. Which option is selected will depend on case-specific factors, as well as the goals of the divorcing parties. In general, however, here is how the Colorado divorce process get started for same sex couples:

  1. One spouse files the initial petition for the Dissolution of Marriage in Colorado.
  2. A copy of the divorce petition is served to the other spouse, who will have 21 days from the date of service to file a response to the petition.
    1. If the parties agree on all issues in their same sex divorce case, the case can be fast-tracked to a final divorce decree, after the 90-day waiting period has passed.
    1. If they don’t agree on even just one issue, the case proceeds either via divorce mediation or through the family courts in Colorado.

Colorado Divorce Mediation for Same Sex Couples

Same sex exes can pursue mediation to try to work out the issues of their divorce outside of the courtroom. Divorce mediation, though not a good fit for every case, can offer some distinct benefits when it is a viable option for couples. Specifically, divorce mediation may offer:

  • A faster path towards resolution because the case does not have to start and stop around the court’s overloaded schedule
  • Lower divorce costs, as faster cases can reduce the overall costs of the process
  • Privacy, as the proceedings and discussion in mediation will not become part of the public record (like family court proceedings typically do)
  • Better resolutions, as the parties involved in the dispute have the flexibility to come up with compromises or solutions that fit their circumstances and needs (and the court will never have a deeper understanding of these than the parties who are actually divorcing)

How Can I Find Out More About Same Sex Divorce in Colorado?

Contact an experienced Fort Collins divorce lawyer at The Cossitt Law Firm, LLC to find out more about your options and how we can help you.

Call (970) 488-1887 or email our firm for a 100% confidential consultation.

If you are unable to make it to our offices, we provide consultations via phone and Skype.

At The Cossitt Law Firm, LLC, our Fort Collins same sex divorce attorneys are dedicated advocates who exclusively focus on family law cases. We partner with each of our clients, providing personal attention and unique, practical solutions tailored to fit their needs and help them achieve their objectives.

With The Cossitt Law Firm on your side, you can be confident that you have superior representation at every phase of your case. You can also count on our lawyers to work tirelessly, both in and outside of the courtroom, to help you obtain positive outcomes. From offices in Fort Collins, we represent clients throughout Larimer County and the state of Colorado.

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