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. With the right to marry also come the right to seek a divorce. If you’re a same sex married couple seeking divorce, the same sex divorce attorney at Knies, Helland & McPherson Law in Colorado Springs and the Greater Denver Area is here to help you. We are a team of compassionate and skilled attorneys who will carefully guide you through this process.
To speak to Our same sex divorce lawyer in Colorado Springs and the Greater Denver Area, call us today at(719) 626-8530!
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. The LGBT divorce lawyer at Knies, Helland & McPherson Law 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sex married couple, you have the same rights as anyone else to seek a divorce when you believe that your marriage is no longer valid.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 Does a Same Sex Divorce Take?
The time 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.
Factors that may influence your case are the:
- 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 a parenting plan, if applicable; and/or
- Active participation in the divorce process.
The Colorado Springs same sex divorce attorney at Knies, Helland & McPherson Law understands 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.
Do I Need the Help of an Attorney for My Divorce?
In Colorado, you can 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.
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 same sex divorce lawyer at Knies, Helland & McPherson Law is well-versed in LGBTQ issues which will assist our clients in presenting their case to the court, particularly when it comes to child custody and parenting time issues.
Our LGBT Divorce Lawyer Cares About Your Future
At Knies, Helland & McPherson Law, our same sex divorce attorney in Colorado Springs and the Greater Denver Area is ready to address these tough issues and protect the rights of our clients. We will seek out the answers for any difficult questions you have and make sure that the final divorce agreement is fair and beneficial to our client.
I cannot say enough good things about not only Jennifer Helland but also the entire Knies, Helland & McPherson team.David W.
"Saved my life and gave me my son. Going anywhere else would be a disservice to yourself."Justin H.
You are in good hands with Ms. Kelly and her team.Anjelica D.
The partners and attorneys at Knies, Helland & McPherson are seasoned litigators with decades of combined courtroom experience. We help clients transition into the next phase of their life.
Clients Come FirstOur Attorneys believe you can part ways with a loved one with dignity and respect, without harming your children. They also believe divorce and mediation can be much less confrontational and toxic, and far less expensive.
Personalized ServiceWhen you work with our team, you will get a customized plan that best fits your unique situation. No two cases are the same and our attorneys understand this.
Team OrientedAs Mothers and friends, our approach is unique in that we work collectively as a team. Our firm's number one priority is the success of our clients. We strongly believe that the best outcomes come about when we collaborate.