Same-Sex Divorce in Colorado Springs

Property Division When the Marriage Predates 2014

Colorado divides marital property under an equitable distribution standard governed by C.R.S. 14-10-113. Property is divided fairly but not necessarily equally, and the marital estate is generally measured from the date of marriage to the date the petition is filed. For same-sex couples, that rule creates a meaningful question: what happens to assets accumulated during years when a legal marriage wasn’t possible?

Civil Unions, Cohabitation, & Separate Property Questions

Colorado enacted civil unions on May 1, 2013, giving some couples a recognized legal status before full marriage rights arrived. Others cohabited without any formal recognition. Assets purchased, retirement accounts funded, and debts incurred during those years may be characterized as separate property under a strict reading of the marriage date, even if the couple functioned as a financially integrated unit.

A significant development came from the Colorado Supreme Court in 2021, when it ruled that same-sex common-law marriages formed prior to October 7, 2014, must be retroactively recognized. In practical terms, that ruling can expand the marital estate and affect both property division and support calculations for couples who meet the requirements for a common-law marriage under Colorado law.

Jointly held real estate, business interests, and retirement accounts from the pre-2014 period all require careful legal analysis. How each asset is ultimately treated depends on the specific facts of the relationship, the applicable law, and how the court weighs the evidence.

Non-Biological Parental Rights in Same-Sex Divorce

One of the more consequential issues LGBTQ divorce cases raise is the legal standing of a non-biological parent. Colorado law recognizes that a parent-child relationship can exist without a biological connection, but that relationship must be legally established before a court can allocate parenting time and decision-making authority in a dissolution proceeding.

The clearest path to recognized parental status is a completed second-parent adoption or a court order of parentage. A non-biological parent who didn’t secure either before the divorce may face a more complex process for establishing parental standing, depending on the child’s age, the history of the relationship, and how the Colorado Uniform Parentage Act applies to the specific facts.

Once parental standing is established, Colorado courts apply the best-interests-of-the-child standard to all parenting time and decision-making determinations. Judges consider each parent’s relationship with the child, each parent’s ability to meet the child’s needs, and the child’s adjustment to home, school, and community. Sexual orientation isn’t a factor. Child support follows statewide guidelines and applies to same-sex dissolutions the same way it does to any divorce involving children. All parenting plan approvals and custody determinations for Colorado Springs residents are handled through El Paso County District Court.

How the Divorce Process Works in Colorado Springs

Colorado uses the term “dissolution of marriage” for divorce. The process is governed by the Uniform Dissolution of Marriage Act under Title 14, Article 10 of the Colorado Revised Statutes. Colorado is a no-fault state, meaning the only required legal finding is that the marriage is irretrievably broken. Neither spouse must prove fault or wrongdoing.

Filing Requirements & the 91-Day Waiting Period

To file in El Paso County, at least one spouse must have been a Colorado resident for a minimum of 91 days before the petition is filed. Once the court acquires jurisdiction, state law requires an additional 91-day period before a final decree of dissolution can be entered. Same-sex divorce cases filed in Colorado Springs are processed through El Paso County District Court, part of Colorado’s 4th Judicial District.

If both spouses reach agreement on all issues, including property division, parenting arrangements, and support, the court may enter a decree without a contested hearing. When spouses disagree on one or more issues, those matters proceed to a hearing before a judge or magistrate. A same-sex divorce attorney in Colorado Springs can help you assess whether settlement or litigation may be the more effective path given your circumstances.