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Robert D.
Gustafson, Attorney At Law
COLORADO SPRINGS TRIAL LAWYER
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6538 Charter
Drive
Colorado Springs, CO 80918-1335
Phone (719) 260-1002
Toll Free (800) 410-1002
E-MAIL
ATTORNEY
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Attorney
Business Hours
Attorney
Availability Status
FREE
INITIAL CONSULTATION
Fax (719) 260-1003
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COLORADO COMMON LAW MARRIAGE
COLORADO
SPRINGS DISSOLUTION OF MARRIAGE |
WELCOME
I appreciate your interest
perhaps I will become your attorney |
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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
SYNOPSIS |
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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
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The Colorado Supreme Court is always
polite & formal in its language, but it could be summarized:
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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 |
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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." |
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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. |
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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 |
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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. |
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PRIMARY
CASELAW
COLORADO
COMMON LAW MARRIAGE
24 Colorado appellate cases
available
files password protected |
Cases can be
downloaded, printed & text copied
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ORDER
FORM
Research
Price
$50.00
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COLORADO COMMON LAW
MARRIAGE
EFFECT
OF
COMMON LAW MARRIAGE |
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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
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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. |
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Colorado common law marriage
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divorce
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marriage
dissolution
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legal
separation |
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invalidity -
annulment |
parental responsibilities
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child
custody |
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parenting
time -
visitation |
maintenance -
alimony |
child
support |
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marital
property
rights |
marital
debt
allocation |
paternity |
adoption
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COLORADO COMMON LAW
MARRIAGE
AFFIDAVIT
OF
COMMON LAW MARRIAGE |
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Due to the long reaching impact, I have intentionally omitted an affidavit of
common law marriage and have not made available as a public form. 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. |
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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ALTERNATIVES |
FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare or Defend Own Family Law Case |
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1.
Adequate Time. If sufficient time exists to adequately prepare your
family law case or
defense and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your case or defense before a contested
court proceeding, please do not call. I decline. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation or defense of your own case. I decline. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."
Please be aware fees and costs will be associated with procuring the court
file and coming up to speed in the case. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
family law case, and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Insufficient Time.
If you've waited until the eleventh hour and there is
not sufficient time to adequately prepare your case or
defense before a contested court proceeding, please do
not call. I decline. |
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4.
Second Opinion.
I will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation or defense in your current family
law case. I decline. |
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POST
DECREE MATTERS
alternatives and find a
lawyer links provided as a courtesy
former clients are naturally welcome to call anytime
regarding any legal matter |
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1.
Post Decree Support, Property or Debt Enforcement. I accept most post decree requests
to
enforce a prior court order with respect to child support,
spousal maintenance, property or debt. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Post Decree Modification.
I will consider post decree modification of support,
parental responsibility or parenting time or setting aside a
former property or debt order, however I do consider the amount
of time elapsed since last order, circumstances surrounding the
modification and number of prior attorneys retained by a
prospective client. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Appeals. I
do not accept appellate matters unless I provided
representation at hearing or trial and am familiar with the facts,
testimony and exhibits received into evidence
and meritorious issues for appeal. That's been my policy for
years. Please do not
call or inquire regarding appellate matters if you are not a
former client. |
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ATTORNEY
TRADE AREA & TRAVEL
OUTSIDE EL PASO COUNTY
GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS |
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Colorado is a big state. Ease of internet access, email and toll free
phone doesn't change that fact. Due to frequency of court appearances, it is not economically justifiable for a client to pay travel time or
expenses beyond nearby counties. |
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his trade area due to cost considerations. |
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Attorney is very willing to travel
outside the Colorado Springs area to present or defend a case,
but please be aware travel time, mileage and expense would
apply. If you are from out of state or are unfamiliar with
Colorado geography, refer to the map to determine where
Colorado Springs
is located in relation to the county of your court case or
hearing. |
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| COUNTIES |
CITIES / TOWNS |
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If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
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El Paso County |
Colorado Springs / Manitou
Springs / Fountain |
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Arapahoe County |
Littleton / Centennial /
Englewood |
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Douglas County |
Castle Rock |
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Elbert County |
Kiowa / Simla |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Crowley County |
Ordway |
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Fremont County |
Canon City / Florence / Penrose |
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Pueblo County |
Pueblo |
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Teller County |
Cripple Creek / Woodland Park |
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Adobe
Acrobat Reader version 5 or later is required to view .pdf files
Free Download
| please feel free
to call or email if you are a client or are seeking representation |
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FREE INITIAL CONSULTATION
not an offer for free legal advice - refer to link for terms
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Topical Website Copyright © 2003
- All Rights Reserved - Document Revised
December 15, 2008
no copyright claimed to images other than photograph and law office logo
Topical Website Initial Publication Date: January 25,
2004
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Serving Colorado Springs
Area Zip Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |
Colorado Springs, common law marriage,
Colorado common law marriage, common law marriage Colorado Springs, Colorado
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