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Can I divorce my same-sex spouse in Colorado?

Until the United States Supreme Court decided the case of Obergfell v. Hodges in 2015, there was a fair amount of discrepancy regarding where a same-sex couple could pursue a divorce. Problems would often arise when a couple legally married in one state, but then sought to end its marriage through divorce in a state where same-sex marriages were not recognized. After Obergfell though, same-sex marriages were legalized in all 50 states, and as such, so too were divorces between individuals of the same sex.

Same-sex couples can divorce in Colorado. Like individuals who are in separate sex marriages, one of the partners to the marriage must live in Colorado for at least 91 days before filing a petition to end the marriage. A person may file jointly with their same-sex spouse to end their marriage or the parties may file separately to end their marriage.

Fulfilling the place of residence requirement is not the only matter a same-sex martial partner must address when pursuing a divorce. They must also complete the proper paperwork, which can differ, depending on if the marital partners share children, pay all applicable fees and complete proof of service requirements to show that the relevant parties were provided correct notice of the legal proceedings.

Readers should note that the requirements mentioned in this post might not be applicable to individuals who live in domestic partnerships or civil unions, and that the contents of this post are provided for information only. All individuals, whether in same-sex or separate sex marriages, are encouraged to consult with family law attorneys about the requirements applicable to their pending divorces to ensure that they meet the legal mandates that apply to their cases' needs.

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Mary Kay Kramer, P.C.
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