Halligan LLC supports Colorado’s LGBTQ+ community with family law services, including marriage, divorce, child custody, adoption, and property division.
The legal system for LGBTQ+ families has changed considerably, and it is essential to have a trusted partner who stays ahead of these changes. Our legal team is dedicated to providing personalized legal guidance that respects your identity and values your family.
Whether you’re building your family, protecting your parental rights, or dealing with a complex family law issue, we are here to ensure your voice is heard and your rights are protected. Contact us today for a free consultation.
LGBTQ+ Marriage Rights in Colorado
LGBTQ+ marriage has been legal in all 50 states since the 2015 Obergefell v. Hodges ruling. LGBTQ+ couples have the same rights and responsibilities in a divorce or legal separation.
Despite that, many LGBTQ+ couples have legally married later in life than heterosexual couples and frequently had a long-term relationship before they legally married their partner.
This means LGBTQ+ couples frequently live together and share substantial assets before officially tying the knot, which can make it more difficult to divide assets and responsibilities if the marriage dissolves.
Prenups and Marital Agreements for LGBTQ+ Couples in Colorado
Discussing a prenuptial (“premarital”) or postnuptial (“marital”) agreement with your partner can be difficult. When couples intend to marry, it’s never with the expectation that the marriage will come to an end. However, it’s always best to plan ahead, no matter what, which typically means considering these types of agreements.
A prenuptial agreement is a special legal contract made before marriage. Prenuptial agreements outline spouses’ individual assets and/or liabilities and marital property both during and after marriage, and how this property will be treated in the event of a divorce or legal separation.
A postnuptial or “marital” agreement is a similar contract that is established after a couple has already married.
Premarital and marital agreements are particularly important for many LGBTQ+ marriages because, in the event of a divorce, they can reduce the potential friction that comes with untangling years’ or even decades’ worth of assets.
The LGBTQ+ family law attorneys of Halligan LLC can help you draft an agreement that works best for your situation, whether you are considering marriage or are already married.
LGBTQ+ Divorce and Separation
In Colorado, LGBTQ+ divorces and legal separations involve the same laws as heterosexual divorces but often include added complexities around property, custody, and spousal support.
Property Division in Same-Sex Divorce
Colorado courts divide property based on when it was acquired: assets before marriage usually remain separate (except as explained below), while marital property is allocated equitably.
Assets owned by an individual (“separate property”) before the marriage usually stay with the individual post-divorce, except to the extent such assets have increased in value during the marriage.
Marital property, which includes any assets acquired by either spouse during the marriage (with a few exceptions), is equitably allocated between spouses.
For LGBTQ+ spouses, the process of deciding which assets are separate property and which are marital property can be significantly more complicated than it is for opposite-sex couples.
Common Law Marriage and LGBTQ+ Couples in Colorado
For LGBTQ+ couples, determining the legal length of a marriage can be more complicated than it is for opposite-sex couples. Many same-sex partners lived together in long-term, committed relationships and functioned as married couples before same-sex marriage became legal in 2015, even though they could not legally obtain a marriage license at the time.
Colorado law allows courts to recognize a common law marriage based on a couple’s mutual intent to be married and conduct reflecting that intent, even if the relationship occurred before same-sex marriage was legally recognized. Courts evaluate these claims based on the totality of the circumstances and do not require traditional or public markers of marriage that may have been unavailable or unsafe for LGBTQ+ couples.
Problems may arise when a same-sex couple lives together as a married couple but never obtains a marriage certificate. If a court determines that a common law marriage exists, the couple must go through a formal divorce, and the date the marriage legally began can significantly affect property division, spousal support, and other financial rights.
Parental Responsibilities: Parenting Time and Decision-Making
Child custody in LGBTQ+ families can be complex, especially for non-biological parents. Colorado law prioritizes the child’s best interests while protecting both parents’ rights.
The court’s primary responsibility is to consider the child’s wishes, the parents’ wishes, the relationship with each parent, and the parents’ capacity to nurture a loving relationship between the child and the other parent.
For LGBTQ+ parents, considerations include situations where one parent is biologically related to the child and the other is not, or children conceived through assisted reproductive technology. Establishing legal parentage can be complex in these cases, but it is a crucial step in protecting your parental rights.
Alimony and Spousal Support in LGBTQ+ Divorce
In Colorado, spousal support, or “alimony” (maintenance), is not automatic. Factors to consider include financial resources, allocation of marital property, lifestyle during marriage, and each spouse’s ability to be self-supporting.
For many LGBTQ+ couples who married later in life after accumulating significant assets or who had substantial income disparities during their relationship before marriage became legal, these factors can complicate spousal support determinations. It’s crucial to have an experienced attorney to advocate for a fair and equitable outcome.
Contact Our LGBTQ+ Divorce Lawyers
At Halligan LLC, we’re committed to providing guidance that respects your identity and values your family. We believe in creating an inclusive environment where you can feel comfortable discussing your family law concerns.
If you’re dealing with an LGBTQ+ family law issue, don’t hesitate to reach out to us. We offer a free consultation to discuss your situation, answer any questions you may have, and explain how we can help.
Whether you’re dealing with marriage, divorce, child custody, adoption, estate planning, or other common family law issues, trust our LGBTQ+ friendly attorneys to protect what you value most during life’s toughest moments. Contact us today for a free consultation.
Frequently Asked Questions About Colorado LGBTQ Family Law
What legal protections are available for same-sex couples under Colorado law?
Under Colorado law, same-sex couples enjoy many of the same legal protections as opposite-sex couples, including marriage equality and parental rights. However, certain legal complexities still arise regarding adoption, parental recognition, and property division during separation. Consulting a Colorado LGBTQ+ family lawyer can help make sure your family’s rights are protected.
How does the second-parent adoption process work for LGBTQ+ couples?
A second-parent adoption allows a non-biological parent to gain the same legal rights as a biological parent. This process helps secure parental rights for both partners, ensuring stability for the child if something happens to one partner. Because the adoption process can vary depending on local courts and Colorado law, it’s best to work with a family law attorney who has extensive experience in LGBTQ+ family law.
Are civil unions legally recognized in Colorado?
Yes, civil unions are legally recognized under Colorado law, though most same-sex partners now choose marriage since it offers broader legal protections. Civil union couples may still face legal issues when addressing property, custody, or divorce proceedings, so guidance from LGBTQ-friendly attorneys can be valuable.
What legal steps should same-sex couples take to protect parental rights?
For same-sex couples raising children, ensuring both parents are legally recognized is critical. Establishing non-biological parents’ rights through adoption or a parental rights order can help avoid future disputes.
How is the divorce process for LGBTQ couples in Colorado?
The divorce process for LGBTQ+ couples generally mirrors that of heterosexual couples, but certain legal complexities faced by the LGBTQ+ community can arise—particularly regarding marital property, parenting time, and child custody, as many LGBTQ+ couples entered matrimony before the 2015 bill.
What rights do LGBTQ+ parents have in Colorado?
All parents have equal custody and visitation rights regardless of sexual orientation or gender identity. For non-biological LGBTQ+ parents, establishing legal parentage is often the most important step.
Can same-sex partners create marital or cohabitation agreements?
Yes. Same-sex partners can enter into marital agreements or cohabitation agreements to define financial responsibilities, property rights, and support obligations. These agreements can help prevent family law issues and protect each partner’s interests. An attorney experienced in LGBTQ+ family law can discuss which option is best suited to your relationship.
