Colorado Springs Same-Sex Divorce Attorney 

Providing Reliable Counsel for Couples Seeking Marital Solutions in Colorado Springs, CO

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

We understand that the legal landscape regarding same-sex marriages and civil unions is continuously evolving. Our team stays informed on legislative changes and emerging legal precedents that could impact your case. With us, you have a committed partner who not only navigates the complexities of the law but also advocates passionately for your rights and interests.

The Unique Legal Landscape in Colorado

Navigating the unique legal landscape for same-sex divorce in Colorado requires a keen understanding of both state and federal laws. Colorado's recognition of civil unions and same-sex marriages means these relationships are afforded the same legal dissolution processes as traditional marriages. However, nuances exist, such as the impact of the U.S. Supreme Court's decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide, ensuring that same-sex divorces are treated equitably under the law.

At Drexler Law, we ensure that our approach is not only legally sound but also sensitive to the unique challenges faced by LGBTQ communities. This includes understanding any state-specific statutes that may influence the division of assets, spousal support, or child custody arrangements, issues that require careful navigation by experienced attorneys.

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 Colorado or any other state, is eligible for dissolution by the Colorado courts.

The dissolution of a civil union or same-sex marriage is quite similar to other dissolution of marriage actions; however, it is important to choose an attorney who understands and appreciates not only the legal differences and nuances but also the nonlegal circumstances, experiences, and challenges that exist in a civil union or same-sex marriage dissolution. For those interested in the dissolution of a civil union or same-sex marriage, we encourage you to review the resources applicable to both divorce and custody cases or contact Drexler Law for an initial consultation.

Our experienced legal team recognizes the unique circumstances that LGBTQ couples may face in dissolution proceedings. Factors such as financial entanglements, child custody issues, and asset division are tailored to the specifics of your unique situation. We prioritize a comprehensive approach, ensuring every element of your relationship is addressed and appropriately represented in court.

We have dedicated our time, focus, and attention to each and every client, and we represent our clients by utilizing our experience and resources to provide aggressive and compassionate representation in the most contested cases.

Representing You in Mediation & Hearings

If the parties are unable to resolve their disputed issues prior to a Final Orders Hearing, Colorado family or domestic relations courts require the parties to attend formal mediation.

Mediation is an alternative dispute resolution process in which the parties explore settlement with the assistance of a neutral individual, referred to as a mediator. The mediator is not a legal representative of either party, but an effective mediator typically has a legal background and is familiar with the various issues that arise in contested family law matters. Mediators do not have a vested interest in the outcome of the case and do not report to or even communicate with the court. Accordingly, the mediation process is intentionally designed to be confidential, during which the parties can candidly explore settlement of disputed issues by proposing solutions or compromises, which cannot be used against the party later in the proceedings. In fact, the settlement proposals offered to compromise a disputed claim are protected under the Colorado Rules of Evidence, which prevent a Court from admitting or considering any settlement statement when resolving the parties’ disputes in court.

If mediation results in a full agreement on all disputed issues, the case takes on a much different path, but the remaining steps are just as critical as preparing for a full contested hearing. After a successful mediation, a formal settlement agreement is typically prepared to memorialize or “paper” the agreement reached so there is no confusion or misinterpretation about the parties’ intended resolution. Also important is placing the agreement reached at mediation into a legally enforceable format that the Court will review and ultimately adopt as the court’s official order.

The outcome of a family law case is largely based on the background work and preparation your lawyer has devoted to your case. Some attorneys will spend a lot of time (and your money) on your case without actually preparing your case for an evidentiary hearing or full resolution. At Drexler Law, we devote ourselves to preparing a well-crafted presentation and preparing our clients for the full process. We apply the necessary resources and call upon our professional support staff in addition to any experts required in your case, including financial experts, child care experts such as child and family investigators (CFIs), parental responsibility evaluators (PREs), guardian ad litems (GALs), and child legal representatives (CLRs), and property appraisers, among others.

Mediation provides an opportunity for couples to maintain control over their settlement terms in a private and supportive environment. While it may not resolve all conflicts, it often helps in narrowing the disputed issues, making the court's intervention more focused and less time-consuming. This flexible process enables couples to propose creative solutions—perhaps more considerate of both parties' needs than a judge might impose.

If you work with Drexler Law, we will be personally committed to pursuing your objectives whether you have a relatively straightforward or complex legal issue to resolve. We are dedicated advocates for our LGBTQ clients finding themselves in same-sex marriages, dissolution of civil unions, or custody allocations. Our team understands that couples — regardless of gender — never plan to dissolve 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 & Tax Consequences

Your lawyer should analyze individual benefit plan documents to understand if a spouse in a civil union or a marriage from 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) means the federal government (and all federally supported benefit plans) now recognizes legally married gay couples as "married" for purposes of extending and receiving benefits as a "married" dependent or spouse. While it is a victory for same-sex couples, it is 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.

Your lawyer should also understand the tax consequences of certain property transactions between 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.

Navigation of health care and tax issues in the wake of a same-sex divorce or separation can be daunting. At Drexler Law, we work closely with each client to ensure a complete understanding of all benefits you are entitled to under both federal and state laws. This diligence helps prevent unexpected financial hardships and allows for smoother transitions in healthcare coverage and tax obligations.

Frequently Asked Questions

What Are the Common Challenges in Same-Sex Divorce?

Same-sex divorces can present unique challenges, such as managing joint property acquired before the federal recognition of same-sex marriage. Couples may also face complexities in parenting agreements, particularly if one partner is a biological parent. The division of assets jointly acquired prior to legal marriage can also be contentious, as well as navigating federal and state disparities in recognizing civil unions or domestic partnerships. Drexler Law is well-versed in these issues, providing informed guidance to help clients navigate these waters effectively.

How Do Local Courts Handle Same-Sex Divorce Cases?

In Colorado Springs, same-sex divorce cases are handled similarly to traditional divorces. The El Paso County Court and other local jurisdictions apply the same legal standards, offering equitable distribution of marital property and considering the best interests of children in custody arrangements. Drexler Law's familiarity with local court procedures ensures that clients receive comprehensive representation, as local nuances and expectations can significantly impact the outcome of a case.

What Steps Are Involved in Filing for Same-Sex Divorce in Colorado Springs?

The process for filing a same-sex divorce in Colorado Springs begins with filing a petition for dissolution of marriage. Both parties must satisfy residency requirements, having lived in the state for at least 91 days prior to filing. The next steps involve serving the petition, entering a case conference in court, and participating in a mandatory mediation if disputes exist. At Drexler Law, we assist our clients at each stage of this process, ensuring that all documentation is meticulously prepared and deadlines are strictly observed. Our goal is to promote a smooth and efficient legal process, offering strategies that are both comprehensive and compassionate.