When two people choose to spend their lives together as partners in Colorado, whether that’s through formal marriage, civil union, or common law marriage, they rarely are thinking about the possibility of needing a divorce at some point in the future. However, because Colorado had about 22,600 filings for divorce in 2020, divorce is a more common outcome for couples than you may think.
As a Fort Collins same sex divorce lawyer, The Cossitt Law Firm understands the components that are common to all types of divorce proceedings, as well as any aspects that are unique to a same sex marriage or civil union that comes to an end. Our team understands the emotion that accompanies a divorce, and you can trust us to represent you and your interests with the empathy that you deserve. We also will deliver the highest level of professionalism for you in your divorce negotiations and hearings. We do not back down when representing your interests or when your spouse’s lawyer attempts to bully you or our team.
Our same sex divorce attorney knows that going through a divorce generates a lot of questions. Once you choose to hire us, you can rest assured that our Fort Collins divorce lawyer will be available to answer any questions that pop up along the way. We work hard to be as responsive as possible to our clients. We never want them to feel like they are in the dark about where the case is going. One of the most common questions we hear involves the overall process of how to get a same sex divorce in Colorado.
Laws in Colorado regarding divorce do not specify the gender of the couple, so nearly all divorces in the state involving a marriage or a civil union will follow a similar process. One of the most important aspects of being eligible to end a marriage or civil union in the state, according to the Colorado Judicial Branch, is that at least one member of the couple must live in the state for at least 90 days before filing.
In either a same sex marriage or a civil union, the couple will need to negotiate a settlement for a number of items. Our team can help you figure out how to get a same sex divorce in Colorado by working toward reaching a settlement on the following items:
Because Colorado only began allowing same sex marriages in October 2014, some Colorado gay and lesbian couples participated in a civil union prior to this date. This means that those seeking a divorce may need a dissolution of marriage, while others will need to dissolve a civil union. Whether ending a marriage or a civil union, the process is relatively similar in Colorado. However, there are a few key differences that our Fort Collins same sex divorce lawyer can help you understand.
Even if you and your same sex spouse married in a different state before 2014 and now live in Colorado, the state of Colorado recognizes this marriage. Some other states do not recognize these older same sex marriages that occurred in different states, which can affect the process of going through a divorce.
Should your soon-to-be-ex-spouse begin accusing you of infidelity or start blaming you for the divorce, our same sex divorce attorney serving Fort Collins and Denver can help. The Uniform Marriage Act in Colorado specifies that the dissolution of a marriage or a civil union can occur when one spouse decides that the couple’s relationship is “irretrievably broken.” The court requires no other reason or explanation for the divorce. The court will not assign blame for the ending of the relationship on either party. The court will not grant one spouse extra alimony or extra property because the other spouse cheated.
At The Cossitt Law Firm, we will work hard to represent you in a professional manner. When going through a divorce or when ending a civil union, emotions can run high. Sometimes, one spouse enjoys starting arguments. When such feisty disagreements happen in a civil union or marriage that is ending in divorce, it can cause significant problems during the negotiation process. By representing you throughout the negotiations, our Fort Collins same sex divorce lawyer can help to diffuse the emotions of the situation, leading to better results. For a no-obligation review of your case.
Through our past representation of clients going through a same sex divorce, our Fort Collins civil union attorney knows that complexities are almost certain to be part of the process. No matter the genders of the spouses, divorce rarely is easy. Our team at The Cossitt Law Firm will balance our compassion for the situation you are facing with our ability to serve as tough negotiators. This approach helps us handle some of the challenging situations that arise during divorce negotiations.
Sometimes, a client contacts us to start the divorce proceedings. Other times, people contact us because they don’t want to divorce, even though their spouses do, and they want to know if they can stop the process. In a case like this, there is nothing you can do to stop the process of divorce. You cannot force your spouse to remain in a marriage, according to Colorado law. As long as one spouse wants to end the marriage or civil union, the courts will almost certainly allow the process to move forward.
The best advice we can provide is that you need to accept that the marriage or civil union is ending and that you need to take steps to begin protecting your interests. Pretending as if the divorce isn’t happening will not help your situation. If you ignore the divorce proceedings, your spouse will receive the bulk of the financial benefits in the negotiations. This is not in your best interest in the long run. Trust our Fort Collins same sex divorce lawyer to help with your case.
Rather than going through a formal divorce, some people may simply run away from the situation, moving out of Colorado and basically disappearing. If your spouse did this, our team can still help you file for divorce. If we cannot locate your same sex spouse for you and serve the divorce papers the traditional way, we do have the option of asking the court to allow us to serve your spouse via publication. This is not appropriate in every situation, but if we can show the court that extenuating circumstances apply in your case, we can attempt to go this route to keep your same sex divorce proceedings moving forward.
When your spouse hires representation to negotiate the divorce settlement, you may have a temptation to simply rely on this other lawyer to handle everything. However, this will not serve your interests as well as hiring your own same sex divorce attorney. Although your spouse’s attorney can ensure that all the steps taken during the divorce proceedings meet the legal requirements in Colorado, this attorney is representing your spouse’s interests above all else. This lawyer’s job is not to make sure you receive a fair settlement. You need to hire your own representative to protect your interests.
If you and your spouse own a business together, have a home, or have retirement accounts that grew in value during the union, the division of property can be a significant challenge for the two of you. If you and your spouse argued about money during the relationship, discussions over these financial matters can lead to additional hard feelings and a far longer divorce negotiation process. Our Fort Collins same sex divorce lawyer can help you work through the financial split more efficiently by reducing the stress and emotions of the situation.
When most people think about splitting property in a divorce, they may think about a home or cars. However, things like retirement accounts, credit card debt, jewelry, furniture, collectibles, pets, and other assets also may be part of the division of property. Essentially, anything that you and your spouse accumulated together during the marriage should be split as evenly as possible during the divorce. This type of property is marital property under Colorado statutes.
You may have a favorite car or piece of furniture that you want to keep after the divorce. Through our representation of you during the divorce negotiations, we can work to help you keep these items. However, we likely will have to give your spouse an item or money that represents a value equal to that of the item you want to keep.
You do have the opportunity to protect some of the property you brought into the same sex civil union or marriage. You can do this through crafting a prenuptial agreement prior to the official marriage or union beginning. You also can draw up a post-nuptial agreement after the formal relationship begins. Our team can help with these documents.
Otherwise, Colorado law allows you to keep property that you brought into the marriage by labeling it as separate property, rather than marital property. For example, if you inherited money or a home from a relative that you owned alone before the marriage, you should be able to keep this property after the split. However, if these separate property items appreciated in value during the marriage, you may have to give your spouse half of the appreciation in value, either through a cash payment or through giving your spouse other property equal to half of the growth in value.
Sometimes during divorce negotiations, you and your ex-spouse may disagree on the origin of the property. You may believe an item qualifies as separate property, while your spouse believes it is marital property. Our team will work to provide documentation that shows you are telling the truth and that you deserve to keep the property in question.
When you commit to a civil union or marriage with your partner, it is a big step in your life. Coming to the realization that it’s time for a split is another big step. Some people may consider this as taking a step backward. However, our same sex divorce lawyer in Denver knows that going through a divorce and ending the relationship often is actually a step forward. You may find that you feel freer and ready to move forward with your life after completing the process of dissolving the marriage or civil union.
Our Fort Collins same sex divorce lawyer wants to help you move through this phase of your life as smoothly as possible. We know that going through a divorce can be difficult emotionally. You may have worries about what your life will look like after the split. You may be unsure about your financial future. We will attempt to give you as much help as we can, standing by your side from start to finish. Contact The Cossitt Law Firm for a no-obligation review of your case. This is a confidential meeting.
If you have decided to get a divorce, the next steps can seem daunting. Here we provide a few answers to common questions about filing for divorce.
Depending on your family, financial, and personal circumstances there are many factors you will want to consider when filing for divorce. Find out what type of divorce is right for you.
How long will it take for the Court to issue a Decree of Dissolution of Marriage? The earliest a Colorado court could issues the divorce decree is 91 days after the petition was filed. However it can take longer than 91 days, as expert valuations and reports may be needed.
How can a divorce attorney help with an uncontested divorce? Uncontested divorce generally means the parties have agreed upon all issues, or they believe they will be able to easily agree on all issues. A divorce attorney can help with an uncontested divorce by ensuring everything drafted properly.
What are mandatory financial disclosures? Financial disclosures are required of both parties in every divorce case, within the first 45 days after the petition has been filed. The exchange of mandatory financial disclosures is intended to put each party on a level playing field as it relates to the finances of the divorce.
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