Same Sex Divorce

If you’re a same sex married couple seeking divorce, the attorneys at Knies, Helland & McPherson in Colorado Springs, CO are here to help you.

On June 26, 2015 the U.S. Supreme Court made its landmark decision on same-sex marriage in Obergefell v. Hodges. The ruling in Obergefell gave same sex couples the right to marry just like heterosexual couples.

With the legalization of same-sex marriage comes same-sex divorce. The attorneys at Knies, Helland & McPherson have litigated many same-sex divorces and custody cases, and are experienced in LGBTQ issues.

Give us a call today at 719-635-8499 to schedule your personalized consultation to discuss your case in full confidentiality.

What Is Same Sex Divorce?

Same-sex divorce is the dissolution of marriage between two people. What makes this type of divorce different, however, is the length of time that the couple has been together in a “marital like” living arrangement.

If the married couple had a previous civil union in a different state before same-sex marriage became legal, the attorneys must account for the time that the couple spent in a domestic partnership.

Additionally, prior to the Obergefell case, many same-sex couples lived like married couples. These couples acted and portrayed themselves as married and under any other situation would have been assumed to be married. Some have argued that the same-sex couple cannot be common law married prior to the legalization of same-sex married; others have argued that they could. This question is still unresolved in Colorado, though one of the partners at Knies, Helland & McPherson has litigated a case with precisely this issue.

Knies, Helland & McPherson is ready to take on these tough issues and aggressively represent clients in same sex divorce cases. Our attorneys understand that these cases may need to be approached in a unique manner and we are willing to go the extra mile to ensure that our client’s rights are protected throughout the proceeding.

When Should I File For Divorce?

As with any type of divorce, only you know on a personal level when it is time to file for a Dissolution of Marriage. Like heterosexual couples, there are no specific guidelines on how long same-sex couples must be married or if they have to wait any specific time before filing for divorce. As a same-sex married couple, you have the same rights as anyone else to seek a divorce when you believe that your marriage is no longer valid.

How Long Will A Divorce Take?

The time that it takes to complete a divorce will vary from client to client. Every divorce situation is as unique as the people that are involved in the case. The time it takes to complete a divorce will be based on many things, including:

  • Willingness of couple to negotiate on the terms of the divorce
  • Availability of required information such as proof of assets and debts
  • Ability to reach agreement on Parenting Plan if applicable
  • Active participation in the divorce process

The attorneys at Knies, Helland & McPherson understand that a divorce is a highly emotional event for both parties. Anger, distrust, hurt, and other emotions all come out during these proceedings, and each of these emotions can delay the entire process.

Our attorneys will approach your divorce with compassion and concern. We will work with you to help keep emotions out of the negotiations so that you can get through the process as easily as possible.

When the couple can approach each step of the divorce process with an open mind and a willingness to finalize the issue, the divorce can proceed through at a faster pace.

Do I Need An Attorney For A Same Sex Divorce?

In Colorado, you have the ability to perform a DIY divorce. It is perfectly legal, and if you complete it correctly and remain in compliance with everything the court requires, you can process your divorce at a reasonable pace. However, unless you are very familiar with Colorado law or have only been married for a few months with no assets or children, it may be in your best interest to have quality legal representation. This is especially true regarding same-sex divorce. This is a newer type of legal proceeding and many of the issues faced by same-sex couples seeking divorce have never been heard by the courts before.

One of the largest factors would be the issue of support. The court generally takes into account the length of a marriage to determine amount and time for spousal support. While this may be easy to determine for some people married after June 26, 2015, for those who lived as a domestic partnership, civil union or a couple who could fall under common law marriage before that date, would have a different length to their actual marital relationship than a specific date.

Additionally, the attorneys at Knies, Helland & McPherson are well-versed in LGBTQ issues which will assist their clients in presenting their case to the court, particularly when it comes to child custody and parenting time issues.

We are the family law specialists. At Knies, Helland & McPherson we are ready to address these tough issues and protect the rights of our clients. We will seek out the answers for these difficult questions and we will make sure that the final divorce agreement that is reached is fair and beneficial to our client. Please contact us today to schedule a private and confidential consultation.

CONTACT US TODAY TO GET STARTED

At Knies, Helland & McPherson, we partner with you to come up with a customized solution that meets your individual needs and goals.