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Domestic Partnerships

Dissolution of a Colorado designated beneficiary agreement or domestic partnership: how dissolution differs from divorce, property rights of domestic partners, whether support obligations exist, and the process for legally ending the relationship.

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Colorado Law Guidance
Based on CO statutes, court rules, and judicial practice

This guide is drawn from Colorado family law information. Please note: this content is provided for informational purposes only β€” it is not legal advice. For advice about your specific situation, consult a licensed Colorado attorney.

Your Situation

You're looking at how to legally end a Colorado civil union or deal with a designated beneficiary agreement β€” and you've probably already noticed that this isn't quite the same thing as a divorce, even though it feels like one. Colorado keeps civil unions as a distinct legal status, governed by the Colorado Civil Unions Act. They still exist even after marriage equality, and both same-sex and opposite-sex couples can enter them. The important thing to understand up front is that a civil union does not quietly disappear on its own β€” it has to be formally ended through a court process.

That matters because the paperwork, the terminology, and even the case title are different from a marriage case. The court calls ending a civil union "Dissolution of Civil Union," not divorce. Your forms will say "partner support" where a divorce would say "maintenance." Getting these details right is what keeps your filings from being bounced back.

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A Colorado civil union must be formally dissolved to end it β€” it does not terminate automatically, and using the civil-union-specific process and forms (not the standard divorce forms) is essential.

This guide will walk you through what the law requires, how the process actually runs, the concrete steps to take, and what to watch for along the way.

What the Law Requires

Colorado treats civil union partners as holding the same legal rights, benefits, protections, duties, and obligations as married spouses. That means when you dissolve a civil union, the court follows the same dissolution procedures used for marriages, and the case law built around marriage dissolution applies equally to civil unions. The court can divide property and debts, allocate and , and order and partner support (maintenance) β€” the same broad authority a divorce carries.

There are three ways to end a civil union, and they are legally distinct:

  • Dissolution of Civil Union β€” the full ending of the union (the equivalent of divorce).
  • of Civil Union β€” the union stays intact, but your debts and assets are separated going forward.
  • Declaration of Invalidity (what people often call ) β€” a finding that the union was never valid. Grounds include things like lack of capacity to consent due to mental incapacity at the time the union was solemnized.

and where to file. Entering a civil union in Colorado means you've consented to Colorado courts having authority to dissolve it β€” even if you and your partner have both since moved away. If your union was formed in Colorado, the court keeps jurisdiction regardless of where you now live. If it was formed in another state, Colorado can still handle it as long as you meet the same residency/domicile requirements that apply to a marriage dissolution. For an invalidity case specifically: no waiting period if the union was performed in Colorado, but at least one partner must have lived in Colorado for 30 days if it was formed out of state. Venue (the correct county) is where either party lives or where the union certificate was issued.

Who can file. Either partner can file alone, or both can file together. One prerequisite: no other family court case involving the two of you can already be open.

Converting a separation to a dissolution. If you obtained a legal separation and later want a full dissolution, the law requires at least 182 days to pass from the date the separation decree was entered before you can convert it, and your motion must affirmatively state that the waiting period has been satisfied.

A note on merger. If you and the same person later married each other, your civil union is merged into that marriage β€” in that case, you don't need a separate dissolution of the union.

What Courts Typically Do

In practice, Colorado courts run a civil union dissolution through a structured five-step process that closely mirrors divorce: filing, response, preparation and , and a final hearing before a judge. The path splits depending on whether you have minor children together β€” "minor children" meaning children under 19 whose other legal parent is your civil union partner. Cases with children have added steps around parenting arrangements.

When a court divides property or decides partner support in a civil union case, it uses the same standards as a marriage dissolution. The related sections below on how property is divided and how partner support is calculated describe those standards in detail, and they apply here.

For the conversion of a legal separation to a dissolution, courts typically handle it on the papers. After you file the motion and the required order and decree forms, a judge or magistrate reviews everything and β€” if approved β€” signs the order and the decree without a hearing being described as required. The current filing fee for the conversion motion is $105.00, with certified copies of the decree costing $20.00 each. In a civil union invalidity case, if the other party files a response, there is a $116.00 non-refundable fee. Fees can change, so confirm current amounts with the court.

Courts are also instructed to avoid letting bias β€” including about sexual orientation or gender identity β€” drive parenting decisions. If children are involved, that protection is worth knowing about; see the related section on LGBTQ+ family law issues.

Step by Step: What to Do

  1. Decide which path fits your situation. Determine whether you want a full dissolution, a legal separation, or a declaration of invalidity β€” these have different legal consequences, so it's worth understanding all three before choosing. The difference between ending the union entirely and simply separating finances mirrors the broader distinction between legal separation and divorce.

  2. Confirm Colorado can hear your case. If your union was formed in Colorado, you're covered even if you've moved. If it was formed elsewhere, check the residency requirement, and check whether the other state retains any authority over the union.

  3. Figure out whether minor children are involved. This determines which set of steps and forms apply (the "with kids" vs. "no kids" path).

  4. File your and have the other party served. Either partner can file, or both jointly. If you file alone and your partner doesn't sign, you must serve them and document that service. Rather than hunting down and hand-filling the correct civil-union-specific forms, the guided wizard on this site will interview you and prepare and pre-fill the right paperwork for your chosen path β€” dissolution, separation, or invalidity.

  5. For an invalidity case, make sure you state a ground. You must identify at least one ground for invalidity and explain the supporting facts; if you don't, the petition can be dismissed and you'd have to start over. The wizard will help make sure this is addressed.

  6. Complete financial and attend mediation if directed. Civil union cases use civil-union-specific disclosure and agreement forms, not the standard marriage ones. The court will expect each of you to lay out income, property, and debts.

  7. Request the orders you need. You can ask the court to address child support, parenting time, best interests of the children, property and debt division, partner support, attorney fees, and name restoration. Each must be affirmatively requested β€” the wizard will capture these requests for you.

  8. Attend the final hearing (if one is set) and obtain your decree. For a straightforward conversion of a separation to a dissolution, a judge may simply review and sign without a hearing.

  9. If you're converting a prior legal separation, confirm that 182 days have passed since the separation decree, file the conversion motion, serve the other party (service can happen the same day you file), and submit the order and decree forms. You can request a name restoration here too β€” just be sure it appears on both the motion and the decree.

What Research Shows Can Help

The provided materials focus on Colorado's legal process and do not include social science research findings specific to ending a civil union. I won't speculate beyond what's here. What the materials do make clear is a practical point worth treating as guidance: because civil unions use a parallel-but-distinct set of forms and terminology, using the correct civil-union-specific documents β€” rather than standard divorce forms β€” is what keeps a case moving smoothly through the court.

What to Do Today

  • Locate your civil union certificate and confirm where the union was formed β€” this drives jurisdiction and venue.
  • Decide which of the three paths (dissolution, legal separation, or invalidity) fits your goals, and whether you have minor children together under 19.
  • Start the guided wizard so the correct civil-union-specific forms are prepared and pre-filled for your situation instead of risking the wrong (marriage) forms.
  • If you're converting an existing legal separation, check the date your separation decree was entered and count whether 182 days have passed.
  • Set aside funds for filing fees (currently $105.00 for a conversion motion, plus $20.00 per certified copy; $116.00 if you're a filing a response in an invalidity case) and confirm current amounts with your court.

Related Issues to Be Aware Of

  • Property division. Because civil union partners hold the same rights as spouses, the court divides your property under the same equitable framework used in divorce β€” setting apart and dividing in just proportions, without regard to misconduct. Understanding how Colorado divides property will help you know what to expect for your home, accounts, and debts.

  • Partner support (maintenance). A civil union case can include partner support, decided under the same standard and guidelines as in a marriage β€” including the required financial findings and, where applicable, the advisory guideline formula. See how spousal maintenance works for the factors the court must weigh.

  • Legal separation vs. dissolution. Choosing a separation keeps the union intact while dividing finances, and it can later be converted to a full dissolution after 182 days. The trade-offs are the same ones that apply to legal separation versus divorce in a marriage context.

  • LGBTQ+ family law issues. If children are part of your case, Colorado law directs courts not to base parenting decisions on bias about sexual orientation or gender identity, and case law holds that a parent's orientation alone β€” absent proof of harm to the child β€” can't justify restricting parenting time. The related article on LGBTQ+ family law issues explains these protections more fully.

Ready to prepare your paperwork?

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Provided for informational purposes only. This content does not constitute legal advice and does not create an attorney-client relationship. Family law matters are highly fact-specific and outcomes vary.

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