Same Sex Marriage & Divorce

Same sex marriage and divorce issues present unique challenges for the courts. These issues arise because courts only recently recognized same sex marriage.

As experienced family lawyer in the Colorado Springs area, we have experience helping local same sex couples obtain the legal solutions they need.

Issues Arising from Same-Sex Divorce

It’s important to note that, now that same sex marriage is recognized in Colorado, the dissolution of marriage process also applies to same sex couples equally. So such a couple must divide assets, allocate parental responsibilities, and determine maintenance and child support. But those issues can be complicated because of how recently Colorado law recognized same sex marriages.

Child Custody

One of the hardest components of any divorce involves child custody. It is essential that you find an attorney who understands the nuances of the law in recognizing legal parentage because such issues commonly arise between same sex couples. Colorado’s laws about legal and psychological parentage have been interpreted to recognize same sex couples and their children as a family unit, so you want to make sure your attorney understands and clearly explains how the law will recognize and allocate parental responsibilities.

Common Law Marriage

Colorado is one of few states that still recognizes common law marriage. At least one division of the Colorado Court of Appeals has decided that same sex common law that occurred before the Supreme Court of the United States recognized such marriages can now be recognized. Because common law marriage is a factually complex topic, it is important to hire a lawyer with experience litigating such cases, particularly in the context of a same sex couple.

Conflict Resolution

In most cases, courts require negotiation and mediation before they will hold a contested hearing. The attorneys at Dailey Law, P.C. have substantial in-court and negotiation experience to advise you of the risks of making, accepting, or rejecting any particular settlement offer. While experience shows that settlement is often the better and less expensive outcome, every case is different, and your attorney will provide recommendations about the value of settlement versus the value of contesting any issue in court.


Same sex marriage issues, particularly when dealing with children or common law marriage issues, require sensitivity and careful investigation. Given the highly personal nature of the issues, and the family dynamics that surround such issues, it is also important that you find a lawyer you trust and who can handle such issues carefully and sensitively.

Choose a Colorado Lawyer with Experience Helping Same Sex Couples

Not only do the attorneys at Dailey Law, P.C. have experience representing same sex couples, they are published experts on the subject. The Colorado Lawyer recently published an article authored by Dailey Law, P.C. lawyers on same sex common law marriage, which was also cited by the Court of Appeals in an opinion on the subject. If you need help with a same sex marriage or divorce issue, call Dailey Law, P.C. today!