- Will you reside in or out of the state the recognizes your marriage?
- Do the marriage laws of the state where you married differ from the state where you live. How should you address this?
- Are you planning to adopt or have children? Are you aware of the costs and process to have both parents recognized as legal parents of the child?
1. Nine states, the District of Columbia and two Native American tribes have legalized gay marriage.
When California legalized gay marriage for a short time, many couples planned destination weddings without consideration of what could or could not happen if they would decide to separate and divorce at a later date.
Since Colorado does not acknowledge same-sex marriage many couples were stuck without the ability to divorce in Colorado. Without residency or property within the state where they did marry, divorce there was also impossible. Thankfully, California changed the law in January 2012 to afford couples a place to divorce if they were married there and lived in a state the does not recognize gay marriage.
While Colorado is making great strides with the likely passing of civil union legislation, gay marriage still won’t be recognized. I’m not about to tell anyone not to marry, I’m just advising you on considerations on all aspects including all possible outcomes before committing to marriage in State that still has not legalized gay marriage.
2. The California v. Colorado law is the perfect example of couples experiencing different marriage laws. Colorado determines the division of debts and assets by what is fair and equitable at the time of the dissolution. California is a community property state. If the property or debt is marital, it is divided 50/50.
In many situations, a valid pre-nuptial or pre-marital agreement or a contract between the two of you may eliminate the fight or legal unknown. You can also do this after the marriage – so long as you are not already contemplating divorce.
3. The issues of adoption, surrogate contracts, donor agreements, psychological parenting and legal rights within these realms are far too case specific to try and explain everything here. Please call me to discuss your case.
Understand that because gay marriage is not yet legal in Colorado there are some extra and quite significant legal considerations to be made when having and adopting children as a same-sex couple. Throughout the process understand that your child too has rights that should be considered and respected.
If you have any questions about your situation please contact me.
teddiann@divorceincolorado.com
720-943-7707
