Common Law Marriage

 

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Robert D. Gustafson, Attorney At Law
COLORADO SPRINGS TRIAL LAWYER

6538 Charter Drive
Colorado Springs, CO 80918-1335

Phone (719) 260-1002
Toll Free (800) 410-1002
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COLORADO COMMON LAW MARRIAGE
COLORADO SPRINGS DISSOLUTION OF MARRIAGE
WELCOME
I appreciate your interest
perhaps I will become your attorney
COLORADO COMMON LAW MARRIAGE
COLORADO SPRINGS DISSOLUTION OF MARRIAGE
Colorado Springs Attorney - Family Law Trial Practice 25+ Years in Colorado State Courts
El Paso County & Surrounding Colorado Counties - Attorney Trade Area
FACTORS & SYNOPSIS
Colorado Common Law Marriage Factors
PRIMARY CASELAW
Colorado Common Law Marriage
COLORADO APPELLATE OPINIONS
EFFECT
Effect of Colorado Common Law Marriage
DISSOLUTION LEGAL SEPARATION
LEGAL FORMS SAFE HOUSE
ATTORNEY POLICIES
 Cases Outside Colorado Springs - Travel

No Pro Bono Assistance  *  No Installment Payment
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Colorado Springs

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El Paso County

Attorney welcomes representation inquiries however the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  Attorney does not provide legal opinions, answers or information in response to questions submitted from non-clients, and attorney is not the phone company 411 center for telephone number information.  Given the scope of internet accessibility, I can not be the free "Colorado answer man" and will politely decline requests of this nature.

Family law cases occur across Colorado - please refer to travel. Travel Policies & Trade Area *  Itemized Expenses *  Colo Map
common fees have been quoted and information provided
attorney is prepared to provide legal representation
attorney comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice
 

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.

 
****************************** ****************************** ******************************
 
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

24 Colorado appellate cases available
files password protected
Cases can be downloaded, printed & text copied
 

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Dissolution of Marriage Overview
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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

 
 

        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.


ATTORNEY REPRESENTATION
AND DECLINED MATTERS

 
FAMILY LAW DEBT COLLECTION COMMUNITY RESOURCES FIRST CONSULTATION
TRAFFIC DEFENSE CRIMINAL DEFENSE SEALING CRIMINAL RECORDS ATTORNEY SELECTION
DRUNK DRIVING - DUI DEFENSE PRIMARY WEBSITE INDEX RETAINING GUSTAFSON
DRIVER LICENSE DEFENSE ADVICE BY LAYMEN ACCOUNTING STRUCTURE
 

ALTERNATIVES

FIND A LAWYER

if you are seeking the below
please refer to above links for helpful information
sole practitioner attorney does not accept these matters
 

a.  a pro-bono (free) lawyer
b.  an attorney who may take lower fees - economic hardship
c.  an attorney who may take installment payments

Attorney Welcomes

third party payment authorization
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MID-LITIGATION REPRESENTATION
alternatives and find a lawyer links provided as a courtesy

Attorney Policies
Litigant Pro Se - Attempt to Prepare or Defend Own Family Law Case

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.

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.

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.

Attorney Policies
Representation by Previous Attorney

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.

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.

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.

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.

 
 

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

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.

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.

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.

 
 
ATTORNEY TRADE AREA & TRAVEL
OUTSIDE EL PASO COUNTY
GEOGRAPHIC DISTANCE
ECONOMIC CONSIDERATIONS

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.

Attorney has limited his trade area due to cost considerations.

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.

Colorado MAP
COUNTIES CITIES / TOWNS

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.

El Paso County

Colorado Springs / Manitou Springs / Fountain

Arapahoe County

Littleton / Centennial / Englewood

Douglas County

Castle Rock

Elbert County

Kiowa / Simla

I welcome new cases.  Intent is not to be harsh
or to discard potential new business, but to be practical.
Crowley County

Ordway

Fremont County Canon City / Florence / Penrose
Pueblo County Pueblo
Teller County Cripple Creek / Woodland Park

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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

please feel free to call or email if you are a client or are seeking representation  

 
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
 

PRIMARY WEBSITE

HOMEPAGE  

   FAMILY LAW
 

GUSTAFSON LAW OFFICE TOPICAL WEBSITES

DUI DEFENSE - DWAI & DEAC DRUNK DRIVING DEFENSE MIP - UNDERAGE ALCOHOL
TRAFFIC TICKET DEFENSE DRIVING UNDER RESTRAINT SPEEDING TICKET DEFENSE
HIT AND RUN DEFENSE DRIVER LICENSE DEFENSE DOMESTIC VIOLENCE DEFENSE
PROSTITUTION DEFENSE NUISANCE FORFEITURE DEFENSE CRIMINAL DEFENSE
SEALING CRIMINAL RECORDS COLORADO DIVORCE DISSOLUTION OF MARRIAGE
LEGAL SEPARATION SUPPORT ENFORCEMENT CHILD SUPPORT
PATERNITY - LEGAL PARENTAGE STEP-PARENT ADOPTION GRANDPARENT ADOPTION
RESTRAINING ORDERS FAMILY LAW DEBT COLLECTION PRIVATE INVESTIGATORS

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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

Serving Colorado Springs Area Zip Codes

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




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