Common Law Marriage

 

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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 29 years private practice in Colorado state and municipal courts

ROBERT D. GUSTAFSON
ATTORNEY AT LAW
6538 Charter Drive
Colorado Springs, CO 80918-1335

Phone (719) 260-1002
Fax (719) 260-1003  *  Toll Free (800) 410-1002

FAMILY LAW ATTORNEY
Colorado Springs, Colorado  

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COLORADO COMMON LAW MARRIAGE
Colorado Springs, El Paso County, Colorado
Pikes Peak Region  *  Surrounding Colorado Counties  *  Southern Colorado  *  Front Range  *  Continental Divide  *  Eastern Plains
 

 
WEBPAGE INDEX - COLORADO COMMON LAW MARRIAGE
FACTORS - SYNOPSIS
Colorado Common Law Marriage
Factors and Synopsis
EFFECT
Colorado Common Law Marriage
Effect of Marriage
PRIMARY CASELAW
Colorado Common Law Marriage
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AFFIDAVIT OF COMMON LAW MARRIAGE
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Common Law Marriage Colorado Springs - cohabitation - how do I know if I am common law married in Colorado? - factors, criteria, effect and caselaw. common law husband, common law wife, common law spouse, dissolution of marriage, legal separation, declaration of invalidity - fka annulment, allocation of parental responsibilities - fka child custody, parenting time - visitation, spousal maintenance - alimony, child support enforcement, property division, debt allocation, domestic abuse restraining orders and domestic violence criminal defense


 

Colorado common law marriage factors
        Cohabitation - even for one day
        Sexual intercourse
        Holding yourselves out as married to third persons
        Intent to be married at the present time
                Colorado common law marriage does not exist at present if you intend to become married in a future
                wedding ceremony
        Some married couples renew their vows in a subsequent ceremony - facts dictate        

Evidence of reputation and intent - what do lawyers look for?
        Filing joint federal or state tax income tax returns as husband and wife
        Joint debt - application as husband and wife or account name "John Jones & Susan Jones"
        Joint lease - application as husband and wife or lease held as "John Jones & Susan Jones"
        Joint ownership of assets as husband and wife or title held as "John Jones & Susan Jones"
        Real property deed, deed of trust or mortgage
        Motor vehicle titles
        Checking, savings, money market certificates, certificates of deposit
        Life insurance policies
        Last will and testament devising or bequeathing property to "my husband" or "my wife"
        Written communications - special occasion cards and letters to "spouse" or family members
        Holding yourselves out verbally to neighbors, family, friends or business associates as married
        Name change, whether by name change lawsuit or simply adopting usage of the surname
        Executed Colorado Dept. of Revenue, Div. of Motor Vehicles Affidavit of Common Law Marriage
                If the wife changes her driver's license, you each may have executed such a DMV affidavit
                Common Law Marriage - Colorado Department of Law - FAQ

 

The Colorado Supreme Court is always polite & formal in its language, but it could be summarized:

  If it looks like a duck, walks like a duck and quacks like a duck, maybe it is a duck, or
A shack job can be just a shack job.
My straight forward interpretation may not be shared by great legal minds.
primary CaseLaw decided by Colorado appellate courts is available below
 
up where the air is rare in the high country of Colorado
You can say: "I marry thee, I marry thee, I marry thee my sweet."
BUT
You can not say: "I divorce thee, I divorce thee, I divorce thee."
 
If you are common law married, to end the marriage you must file for dissolution of marriage.
Mere passage of time alone does not legally end a valid marriage - a court order is required.

The marriage is as lawful as if you had become married before a minister, judge or magistrate.  Legal separation is another alternative.  If you have a child or children and neither common law marriage nor statutory marriage (judge or minister) apply, paternity is the proper remedy.

 
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STATUTES WHICH MAY IMPACT COMMON LAW MARRIAGE
 

CRS 14-2-110. Prohibited marriages.
        (1) The following marriages are prohibited:
                (a) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties, except a currently valid marriage between the parties;
                (b) A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood;
                (c) A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures.
        (2) Children born of a prohibited marriage are legitimate.

CRS 14-2-111. Putative spouse.
        Any person who has cohabited with another to whom he is not legally married in the good faith belief that he was married to that person is a putative spouse until knowledge of the fact that he is not legally married terminates his status and prevents acquisition of further rights. Children born of putative spouses are legitimate. A putative spouse acquires the rights conferred upon a legal spouse, including the right to maintenance following termination of his status, whether or not the marriage is prohibited under section 14-2-110, declared invalid, or otherwise terminated by court action. If there is a legal spouse or other putative spouses, rights acquired by a putative spouse do not supersede the rights of the legal spouse or those acquired by other putative spouses, but the court shall apportion property, maintenance, and support rights among the claimants as appropriate in the circumstances and in the interests of justice.


PRIMARY CASELAW
COLORADO
COMMON LAW MARRIAGE
29 Colorado appellate cases published to attorney's website
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        1.  Termination of Spousal Maintenance (Alimony).  By operation of Colorado law, subsequent marriage terminates the obligation for spousal maintenance unless the court order provides otherwise that the obligation for spousal maintenance shall survive new marriage.  That exception would be unusual.
                a.  If you are receiving spousal maintenance (alimony) from a prior divorce decree and become common law married, your spousal maintenance could abruptly cease.  Good-bye income.
                b.  If you are paying spousal maintenance (alimony) from a prior divorce decree and the obligee (your ex-spouse) become common law married, immediately file a motion to terminate the support obligation.  It will likely be granted.  Hello financial independence.
                Will people litigate?  Refer to CaseLaw above.

        2.  Property or Spousal Maintenance Claim Against You.  Failure to file for and obtain a decree of dissolution of marriage or decree of legal separation may result in a later claim against you for property division, debt allocation or spousal maintenance.

        3.  Property Claim Against Your Estate.  Failure to file for and obtain a decree of dissolution of marriage or decree of legal separation may result in a claim after your death against your estate for property division, debt allocation or spousal maintenance.
                Common law wife would be able to elect against the will and take her statutory intestate
                    share.
                Current "wife" of invalid marriage may be excluded or have her share reduced.
                Current children of invalid marriage may have their share reduced.
                Think no one would have the unmitigated gall or nerve to bring such a vexatious lawsuit after
                    your death?  Refer to CaseLaw above.
                    Contact your estate planning attorney - I do not practice probate law.

        4.  Effect on Future Marriage or Legitimacy of Future Children
                Any subsequent marriage would be invalid and unlawful (bigamy) - prosecution
                    refer to CaseLaw above.
                Children of a subsequent marriage would be legitimate.  CRS 14-2-110(2)
                If you are common law married and the relation ends - file for divorce.  

No one needs these types of problems after wealth is accumulated - lottery jackpot or otherwise 

Colorado common law marriage impacts divorce - dissolution of marriage, legal separation, declaration of invalidity - annulment, allocation of parental responsibilities - child custody, parenting time - visitation, spousal maintenance - alimony, child support, marital property rights, marital debt allocation, paternity, adoption and all other aspects of Colorado family law.

COLORADO FAMILY LAW
Colorado common law marriage divorce - marriage dissolution legal separation
invalidity - annulment parental responsibilities child custody
parenting time - visitation maintenance - alimony child support
marital property rights marital debt allocation paternity adoption

 

        Attorney has published a sample Affidavit of Colorado Common Law Marriage for informational and educational purposes.  The Affidavit may be viewed, however attorney has intentionally restricted the form such that text can not be copied and the form can not be printed.  Form restrictions have been placed due to the long reaching impact of declaring a common law marriage - the sample affidavit form is not intended for public use.  Viewing the affidavit form shall not be construed as offering legal advice, and viewing and shall neither constitute nor establish an attorney-client relationship.
 
        When a person desires to change his or her last name on the driver's license to that of the common law spouse, an affidavit is available at any Colorado DMV Office.  The human resources department of various state agencies or larger businesses also may have an affidavit of common law marriage for purpose of spousal benefits.


WHERE CAN I FIND THE LAW?
Self Help - Free Links to Legal Research
Free Self-Help Clinics
Colorado Courts - Forms - Divorce, Paternity, Support & Family - Index & Download
Colorado Courts - Forms - Restraining Orders Domestic Abuse - Index & Download
The above links are provided as a public service, but if you attempt "do it yourself" dissolution
please refer to attorney policy


Divorce Legal Separation Support Enforcement
Child Support Paternity Step Parent Adoption Restraining Orders
Debt Collection Sealing Civil Records Sealing Criminal Records Criminal & Traffic Defense
 

 

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GUSTAFSON LAW OFFICE TOPICAL WEBSITES
 
COLORADO DUI DEFENSE - DWAI & DEAC COLORADO DRUNK DRIVING DEFENSE MIP - UNDERAGE ALCOHOL
TRAFFIC TICKET DEFENSE HIT AND RUN DEFENSE DRIVING UNDER RESTRAINT COLORADO SPEEDING TICKET DEFENSE
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COLORADO SPRINGS PROSTITUTION DEFENSE NUISANCE FORFEITURE DEFENSE COLORADO CRIMINAL DEFENSE
SEALING COLORADO CRIMINAL RECORDS COLORADO DIVORCE LEGAL SEPARATION DISSOLUTION OF MARRIAGE
SUPPORT ENFORCEMENT CHILD SUPPORT STEP-PARENT ADOPTION GRANDPARENT ADOPTION PATERNITY - LEGAL PARENTAGE
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Topical Website Copyright © 2004 - All Rights Reserved - Document Revised August 05, 2010
mountains photo image, attorney photo image & law office logo copyright © Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Topical Website Initial Publication Date: January 26, 2004-  Republication Date: May 24, 2006
 
   

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Colorado Springs, common law marriage, Colorado common law marriage, common law marriage Colorado Springs, Colorado
 
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