Colorado Springs Same Sex Divorce Attorneys
Offering Sound Legal Services to the LGBTQ Community
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 attorneys at Knies, Helland & McPherson Law in Colorado Springs
are here to help you. We are a team of compassionate and skilled attorneys
who will carefully guide you through this process.
To speak to one of our attorneys, 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.
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to seek a divorce when you believe that your marriage is no longer valid.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 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 attorneys at Knies, Helland & McPherson Law 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.
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 attorneys at Knies, Helland & McPherson Law are 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
We Care About Your Future
At Knies, Helland & McPherson Law, we are 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.
Please contact our office online or call us at
(719) 626-8530 to schedule a private and confidential consultation.