Marriages, civil unions, and domestic partnerships each fulfill a different need for partners who want to build a life together. The state of Colorado is one of only five that legally recognize civil unions and give equal weight to civil unions and marriages.
At Jones Law Firm, PC, in Denver, Colorado, we offer a wide range of family law experience, including civil union procedures, benefits, and limitations. Our civil union lawyers in Denver are ready to strategically advocate on behalf of our clients. Below, our team shares more about civil unions. For a consultation or more information, please contact us today at 720-580-9038.
What Are Civil Unions?
In the states that recognize civil unions as binding relationships, civil unions are like marriage. Partners in a civil union enjoy the same protections as married couples, including:
- Immediate family designation for all legal documents
- Spousal benefits from employers, including unemployment benefits, medical insurance benefits, survivor benefits, and protection through the family medical leave act (FMLA)
- Provision that neither partner will have to testify against the other in court
- Adoption or fostering of children
- Adoption of their partner’s child through a stepparent adoption, just like with married couples
The difference between marriage and civil union is that the federal government recognizes marriage (but not civil union), and married spouses can enjoy federal benefits like joint tax filing, federal survivor benefits, spousal social security benefits, and more. Only states that recognize civil unions will offer spousal benefits to partners in a civil union.
In contrast to marriages or civil unions, domestic partnerships offer limited benefits to partners. They may receive a pension, health insurance coverage, and file state or local tax returns together.
A domestic partner can pursue damages for the wrongful death of their partner, and like married couples and civil unions, domestic partners do not have to testify against one another.
Does Colorado Recognize Civil Unions?
Yes, Colorado recognizes civil unions. However, since the legalization of same-sex marriage in Colorado, many more same-sex couples are choosing to marry their long-time partners rather than enter into civil unions (which were previously the preferred legal partnership for same-sex couples).
In the state of Colorado, civil union partners:
- may marry the same partner without the dissolution of the civil union
- must divorce or obtain a legal separation if dissolving the union, just like married couples
Can People in Same-Sex Relationships Form Civil Unions?
Yes, people in same-sex relationships can form civil unions in Colorado. Colorado was also one of the first states to legally recognize same-sex marriage before the Supreme Court decided Obergefell v. Hodges on June 26, 2015, which determined the right of couples of any gender orientation to marry.
To receive federal spousal benefits, however, same-sex partners must marry. However, they may receive state benefits and many other marriage-equivalent benefits in a civil union.
We encourage you to speak with a Denver civil union attorney at our firm, with experience in civil union law, for more about rights in a civil union compared to marriage.
How Do You Enter a Civil Union in Colorado?
The Colorado Civil Union Act sets out who can enter a civil union. Both partners must be adults, neither can be married to someone else, and neither can already be in another civil union. The Act also bars civil unions between close relatives: an ancestor and a descendant, a brother and a sister, or an aunt or uncle and a niece or nephew, whether related by half or whole blood.
The process runs through a county clerk and recorder’s office:
- Both partners apply for a civil union license.
- The license must be used within 35 days of the date it is issued, or it becomes void.
- The civil union is certified by a judge, a retired judge, a magistrate, in a ceremony recognized by a religious denomination or tribe, or by the two partners themselves.
- The completed certificate is returned to the clerk and recorder within 63 days of certification so the civil union is registered.
Contact Jones Law Firm, PC, to Establish a Civil Union in Colorado
Turn to our experienced team of civil union lawyers at Jones Law Firm, PC, for detailed information about civil unions in Colorado. We can help you understand the various forms of recognized partner agreements in the state, along with their benefits and drawbacks.
Contact us online or call Jones Law Firm, PC, today at 720-580-9038 for assistance with civil unions in Colorado.
