Common Law Divorce

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Colorado is one of the few states that still recognizes common law marriage. Many misconceptions exist about what constitutes a common law marriage in Colorado. There is no one single law which identifies exactly what constitutes a common law marriage. The simplest rule to follow, however, is to determine whether the parties live together, hold themselves out as being married, and intend to be married to one another. Sometimes, one party indicates the parties have held themselves out as being married (i.e. the joint filing of a tax return), but the other party claims the parties did not intend to be married. In those cases, a Court will have to decide whether a common law marriage exists, and it is important to have a strong and experienced attorney to argue a successful case.

If you are involved in the dissolution of a common law marriage, you are entitled to the same rights that are granted to people going through a divorce or a legal separation. These rights include those related to the allocation of parental responsibilities, decision-making for the children, child support, spousal maintenance, and division of property.

Our firm can help you determine if your common law marriage has the basis in Colorado law that will grant you these rights. We will help you get the results you need to move forward with your life.

If you’d like to discuss your situation please contact the Law Office of Lynne A. Weitzel, P.C. to schedule your initial consultation. I can be reached by phone at 303-395-4773, or by filling out my consultation request form.