Divorce And Separation Guidance For The LGBT Community

In 2013, the Supreme Court deemed Section 3 of the federal Defense of Marriage Act (DOMA) unconstitutional. Also in 2013, Colorado recognized civil unions thus allowing individuals property rights, assets, debts and other benefits (e.g. retirement plans) that can be divided or transferred in a Colorado divorce or dissolution proceeding.

The Drexler Law Group, LLC, in Colorado Springs provides high-quality, professional representation to the LGBT community in matters ranging from straightforward dissolutions or separations to the most complex and groundbreaking issues.

Can Any Marriage Or Civil Union Be Dissolved In Colorado?

A civil union created in Colorado or any other state, as well as a valid same-sex marriage performed in another state, is eligible for dissolution by the Colorado courts.

The dissolution of a civil union or same-sex marriage is identical to any other dissolution of marriage; however, it is important to choose an attorney who understands and appreciates the differing nonlegal circumstances that exist in a civil union or same-sex marriage dissolution.

We have dedicated our time, focus and attention to each and every client, and we will represent our clients by utilizing not only our combined experience but also our resources that will result in aggressive and compassionate representation in the most contested cases.

Representing You In Mediation And Hearings

Several steps to a civil dissolution may require you to attend mediation prior to a hearing.

  • Conflicts in the civil dissolution that have not been resolved through the process of mediation or through negotiations with the opposing attorney may require presenting the case at a hearing.
  • The outcome of a civil dissolution, in large part, will be based upon the background work and preparation your lawyer has devoted to your case.

We devote ourselves to preparing a well-crafted presentation, and we have the necessary and available resources to call upon to support your case, including financial experts, child care experts and others.

  • We will be personally committed to pursuing your objectives, whether you have a relatively straightforward or complex legal issue to resolve.
  • We are formidable advocates for our clients in the LGBT community.

We understand that couples, regardless of gender, never wanted to participate in the dissolution of a serious or committed relationship. When you face this difficult time, we will be your advocate and a partner you can rely on in these trying times.

Understanding Health Care And Tax Consequences

Colorado domestic relations lawyers should analyze individual benefit plan documents to properly advise whether a party to a civil union or a party to a marriage recognized in another state can enjoy the benefits provided to spouses. This applies to private health plans and other benefit plans offered through employment or under the Affordable Care Act.

The recent Supreme Court ruling in United States vs. Windsor, 570 U.S. 12 (2013), results in the federal government (and all federally supported benefit plans) now recognizing those legally married gay couples as "married" for purposes of extending and receiving benefits as a "married" dependent or spouse. It's a great victory for same-sex couples but it's not as broad-sweeping as let on by our media outlets. Section 2 of DOMA allows states to deny recognition of same-sex marriages that originated in other states, territories or Indian tribes which isn't the case in Colorado.

Lawyers assisting clients in dissolutions of same-sex marriages or civil unions should also understand the tax consequences of certain property transactions between the parties. When a court dissolves a civil union, it is not technically the same as dissolving a marriage. So, a property transfer between two unmarried partners to a civil union may be treated differently under the federal, state or local tax code than a property transfer between two married partners.

Discuss Your Dissolution In A Free Initial Consultation

If you are in a same-sex domestic partnership, civil union or marriage and confronted with the reality that the relationship is just not working anymore and cannot be reconciled, contact The Drexler Law Group, LLC, for straightforward, educated and compassionate advice. Call 719-359-4623 or send us an email to schedule your free consultation.