At the Law Offices of Shawn H. Smith, we put families first. This includes the LGBTQ+ couples of Larimer County and Northern Colorado. Based in Fort Collins, our firm has over a decade of experience in handling complex family law matters. Our compassionate Fort Collins LGBTQ divorce attorneys provide mediation, litigation and collaborative law services so that every client receives the attention and care they deserve.
Hiring a skilled LGBTQ+ divorce attorney is crucial, especially given the unique challenges that same-sex couples may face during the divorce process. While the law is meant to honor and treat same-sex couples equally, prejudice and unique complications can still arise. We understand these nuances and are committed to earning your trust through our optimistic, supportive approach.
What To Expect From LGBTQ+ Divorce In Colorado
LGBTQ+ divorce can present unique challenges, including issues related to adoption, custody, relocation, paternity and child support. Although Colorado has recognized same-sex unions since 2014, which fosters an environment of respect for LGBTQ+ rights, complications can still occur. Colorado law grants same-sex couples the same rights regarding marriage and divorce as heterosexual couples. This includes the dissolution of civil unions, which follow similar legal procedures as divorces.
When it comes to child custody, a same-sex partner generally only receives custody and visitation rights if they are the child’s legal parent. This means that:
- They adopted the child formally
- They or their partner gave birth to the child after the marriage
It may still be possible to get parenting time. If the family law judge decides that it is in the child’s best interests to maintain a relationship with both partners in the relationship, even if one is not the legal parent, the judge may award visitation. You can get a more accurate idea of what to expect from your own separation or divorce by speaking with one of our caring divorce lawyers.
Understanding The Legal Landscape Of Fort Collins And Larimer County
Fort Collins is not only a vibrant community but also a hub for legal services in Larimer County. The Larimer County Justice Center is a central location for many legal proceedings, including family law cases. Major highways such as I-25 provide easy access to the courthouse and our office, making it convenient for clients to attend legal appointments.
Fort Collins is home to Colorado State University and boasts numerous cultural and recreational landmarks, contributing to its rich community fabric. This dynamic environment underscores the importance of having a local Fort Collins divorce attorney who understands the community’s unique legal landscape.
3 Essential Questions To Ask An LGBTQ+ Attorney Before Hiring Them
LGBTQ+ divorce and family law issues can be very complex, so it is very important to find the right attorney. You need someone who is experienced and knowledgeable in this area of the law. Asking the right questions is crucial to ensuring a smooth and successful process. Below are a few examples.
How do you address potential biases or challenges?
There are some potential biases or challenges that could arise. Often, this is just because people may have a lack of understanding of LGBTQ issues. This can lead to mistakes, discrimination and critical oversights. An inexperienced attorney can help to identify these potential challenges in advance and take proper steps to make sure that any biases, whether they are acknowledged or not, do not affect the outcome of the case.
There can also be some unique challenges due to the nature of these relationships. For instance, couples may have questions about what counts as a marital asset because they were in a committed, long-term relationship, where they obtained assets prior to the legality of same-sex marriage. If they wanted to be married, but were legally prohibited from doing so, is a house or a car that they purchased together still a marital asset?
Why does a lawyer need experience with LGBTQ+ divorces and family law issues?
An experienced attorney can provide valuable guidance and support throughout the process. They understand the complexities of the law and have been through the process before. They already know what issues may arise, so they can help prepare in advance to address them.
Additionally, there are some specific areas of expertise that are relevant to LGBTQ+ divorces. Examples include dividing marital property, addressing child custody issues and much more. For instance, surrogacy could mean that only one parent is biologically related to the child, while adoption could mean that neither parent is biologically related. How does this impact physical and legal custody?
How do you navigate the divorce process?
During divorce, assets are classified as marital or separate. Marital assets go through property division, while most separate assets do not. If the case is contested, the court may have to rule on how these assets are handled and divided. It is important to understand the process, to know how to classify the assets you own and to understand your own ownership rights. An attorney can advocate on your behalf, offer guidance as you begin the process and help you address any disputes that arise.
As you can see, it is very important to ask the right questions when hiring an LGBTQ+ attorney. You need someone who is experienced and knowledgeable, and it is wise to do your research and find a lawyer who is supportive of your identity and legal needs at this time. A consultation is a great way to get started.
Learn About Protecting Your Rights With A Fort Collins Same-Sex Divorce Lawyer
Let us represent you in this challenging time with compassion and professionalism. Contact the Law Offices of Shawn H. Smith today to schedule a free consultation with an attorney. Call us now at 970-387-6858 or send us an email to learn more about how we can assist you.