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El Paso County Common Law Marriage  Lawyer

(Including Colorado Springs, Fountain, Manitou Springs, Calhan, Green Mountain Falls, Monument, Palmer Lake, and Ramah)

Colorado is one of the states which recognize a common law marriage. The elements of a common law marriage is simple: you must have an agreement to be married and you live together as husband and wife.

There are consequences to having a common law marriage. Once you split apart, you must obtain a divorce. In the divorce case, the financial issues of alimony and division of marital property and debt become relevant. Otherwise, with no common law marriage, the parties have an allocation of parental responsibility case if they have children and these financial issues are not present. If the parties have minor children, child support is always an issue.

One of the myths that I often hear is that if the parties have lived together for a certain period of time, then they are common law married. This is false. It is possible to live together and not be common law married. In fact, this is the most common scenario.

In a common law marriage case, there is rarely a formal agreement to be married. The evidence is nearly always of an implicit agreement to be married. The Magistrate will decide these types of cases, but there can be an appeal to the District Judge.

I have tried these cases on both sides-both trying to establish and trying to contest the alleged common law marriage. As discussed previously, the Magistrate will impose a time limit on the presentation of evidence; this time limit requires that you make important decisions about what evidence you will present. I have strong opinions about the best evidence to present in these types of cases. I can help you on either side if a common law marriage issue exists.

Please call for a free consultation.