Divorce

Colorado Common Law Divorce Lawyers

Common law divorce: Colorado is but one of the states that recognizes common law marriage. However, to get common law divorce, an attorney should first ask the court to establish that a common law marriage is present. There are misconceptions about what is a common law marriage. You should consider retaining a lawyer to adequately protect your rights .Based on these assumptions, you may be already drawing incorrect conclusions. Watson & Associates, LLC is here to help.

Our Denver, Colorado family and Common law divorce lawyers serve communities of Denver, Boulder, Aurora, Pueblo, Lakewood, Fort Collins, Englewood, Littleton, Arvada, Brighton, Longmont, Littleton, Centennial, Parker, Castle Rock, Larkspur, Colorado Springs, Greeley, Northglenn, Golden, Breckenridge, and Aspen, Jefferson County - Adams County - Arapahoe County - Boulder County - Douglas County

What is a common law marriage?

Under C.R.S. 14-2-104, The basic requirement of a valid marriage at common law was an exchange of consent between two people with the capacity to create the marriage. Marriage is a civil contract. In Colorado in order for there to be a common law marriage, there must be:

Mental capacity: This means the capability to understand the character of the relationship or marriage.
Legal Capacity: Free to enter into avalid marriage contract. The parties can not already be married
Intent: The must be present and mutual intent to be married. This does not mean a promise to be made in the future. It has to be current.
Habit and repute: The parties must establish the habit and repute or marriage. Theey must live together (cohabitation) and present to the community that they are husband and wife

A frequently held misconception is that there is a seven-year time requirement before a common law marriage can be established. Colorado does not recognize this fact. A common law marriage can be estabished immediately.

Our skilled Denver family law attorney can fully explain the legal requirements in Colorado to establish that there in fact a common law marriage. We can effectively handle your concerns in this area of family law. We will apply the legal test that the court uses to establish the common law relationship. We understand divorce law and will aggressively fight for your rights.

Call us now to protect your rights

Common law marriage factors: Cohabitation is not the only requirement for common law marriage. There is no set amount of time. In Colorado if you hold yourself out be married and intend to live, as a married couple, then the family law court will seriously consider the facts. To determine if there is ac common law marriage Colorado law looks at:

Whether the couple refers to themselves as married to third parties,
Filing joint federal or state tax returns,
Listing the other party as a spouse on insurance forms or retirement plans,
Joint bank accounts, or owning property, and
The woman using the man’s last name.

A Colorado common law marriage is not simply living together or a casual relationship - it means the couple tells everyone they are married. Filing joint tax returns is widely regarded as the most important of these factors, since it means the couple is holding themselves out to the government, under penalty of perjury, as being married. Get a wealth of information from the divorce magazine or visit our more focused family law and divorce site.

Our attorneys know Colorado common law rules: Common law marriage requires careful and skilled analysis. Not every case that goes before a judge will conclude that a common law marriage exists.

Vigorous divorce representation: Our family law attorneys are forthcoming and will tell you either way whether or legal research supports or does not support common law marriage under Colorado law.

Given our experience in complex divorce cases; we are confident that our ability and skill can benefit you as a client. Our lawyers will help you through every step of the process, from determining if you have a common law marriage, to filing a petition for dissolution of common law marriage, to resolving all of the issues that come along with any type of divorce, including:

Divorce & Parental Responsibility (Child Custody)

Child Support

Divorce - Spousal Maintenance (Alimony)

Divorce - Child Relocation and Out of State Matters

At the Law Firm of Watson and Associates, LLC, we have successfully represented common law divorce clients in contested and simple family law issues. Contact one of our attorneys at 720-941-7200 to see how we can further help you.

TO PROTECT YOUR RIGHTS CALL (720) 941-7200

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