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Are there any special factors in same-sex divorces?

A same-sex divorce is usually the same as an opposite-sex divorce, but there might be some special circumstances to consider. For the most part, you'll follow the same guidelines as any other divorce.

For example, you'll have to decide on how to divide your property. Colorado is an equitable distribution state, which means that you and your spouse will need to determine how to divide your assets fairly. If you're unable to, then you can go through mediation, arbitration or ask a judge to make a determination for you.

Another thing you'll have to do is to decide on child custody. This is where some same-sex couples have difficulties, though. For instance, if only one of the individuals is a biological parent and the other has not adopted the child, this could mean that the other parent does not technically have a legal right to visitation or custody. Plan ahead for this by discussing your wishes with your attorney, and if there is the possibility, adopting any children you share in your relationship. It is important to have legal standing when it comes to time with your children.

Of course, another major issue is how long same-sex couples have been together. Same-sex marriages have not been legal for long, but that doesn't mean that couples weren't living as if they were married prior to getting their paperwork. The court needs to be cautious in these situations since typical guidelines for deciding on alimony or other payouts may not apply to the situation and could need adjustments for the special circumstances of the couple in court.

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The Law Offices of W. Robert Montgomery
13701 West Jewell Avenue, Suite 290
Lakewood, CO 80228

Toll Free: 888-559-9805
Phone: 720-496-1338
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