Erie Same-Sex Divorce Attorney
Erie’s Same-Sex Divorce Attorneys, Serving Weld & Boulder Counties Since 1989
Same-sex divorce follows the same Colorado statutes as any other divorce, but it can also raise questions about marriage recognition timelines, common law marriage, and parental rights that don’t come up in most cases. At Peek Goldstone, we represent same-sex couples navigating divorce in Erie, Colorado, bringing both litigation experience and in-house mediation to every case. Our Erie office serves clients across Weld and Boulder Counties, the two counties that make up the Town of Erie.
Call our same-sex divorce lawyers in Erie at (720) 614-5250 to discuss your situation. We offer virtual consultations, so geography is never a barrier to getting legal help.
How Colorado Law Applies to Same-Sex Divorce
Colorado recognized same-sex marriage in October 2014, becoming the 25th state to do so before Obergefell v. Hodges made recognition nationwide in June 2015. In 2025, Colorado formally removed outdated statutory language restricting marriage to a man and a woman through SB 25-014, effective April 7, 2025. Today, same-sex couples divorce under the same no-fault standard as any other married couple: either spouse can file by alleging the marriage is irretrievably broken, without proving fault like adultery or abandonment.
To file for divorce in Colorado, at least one spouse must have lived in the state for 91 days before filing. That residency requirement applies regardless of where the marriage took place.
When the Marriage Start Date Is Disputed
One complication that arises more often in same-sex divorce involves determining when the marriage legally began. Some couples held civil unions under the Colorado Civil Union Act, signed into law in 2013, before same-sex marriage was recognized statewide. Others were married in another state before Colorado recognized those marriages. The Colorado Supreme Court addressed a related issue in 2021, ruling in In re Marriage of Hogsett & Neale and In re Marriage of LaFleur & Pyfer that Obergefell applies retroactively to same-sex common law marriages. Courts evaluating a common law marriage look at whether the couple mutually intended to be married and held themselves out to the community as spouses, accounting for the fact that formal marriage may not have been legally available to them at the time.
The recognized start date of a marriage can affect property division, spousal maintenance, and parental rights, all of which may turn on the length of the marriage. Working through these timeline questions is one of the first things we do when a same-sex divorce case comes to our office.
Parental Rights & Custody in Same-Sex Divorce
For couples who have children through assisted reproductive technology or adoption, establishing legal parentage is critical before custody arrangements can be resolved. Under C.R.S. 19-4-105, Colorado law presumes that both spouses in a same-sex marriage are legal parents of a child born during the marriage. If a non-biological parent never completed an adoption, however, legal parentage may need to be formally established first. Second-parent adoption allows a non-biological parent to adopt without ending the other parent’s parental rights.
Once parentage is established, Colorado courts apply the best interests of the child standard under C.R.S. 14-10-124, weighing each parent’s relationship with the child, the child’s adjustment to home, school, and community, and other factors specific to the family. We can walk you through what that standard means for your situation.
Why Erie Clients Work With Peek Goldstone
Founded in 1989, Peek Goldstone has built its reputation through more than three decades of diligent, client-focused work. Attorneys Amanda Peek and Scott Goldstone lead the firm, and our team has resolved thousands of cases across our practice areas. We’ve been recognized as one of the Best Divorce Lawyers in Greeley and received the Avvo Clients’ Choice Award. We also offer bilingual services for clients who are more comfortable communicating in Spanish.
Our Erie office means we’re not a distant firm handling your case remotely. We know the courts and communities across Weld and Boulder Counties, and we bring that local knowledge to every same-sex divorce case we handle.
Talk to a Same-Sex Divorce Attorney in Erie Today
If you’re ready to move forward with a same-sex divorce in Erie, CO, we’re ready to help. Virtual consultations make it easy to connect with our team on your schedule.
