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WELCOME |
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GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado |
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COLORADO COMMON
LAW MARRIAGE |
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Phone (719)
260-1002
Fax
(719) 260-1003 **
Toll Free (800)
410-1002
Robert D.
Gustafson * Attorney at Law * Colorado Springs |
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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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In Colorado
You can say: "I marry thee, I
marry thee, I marry thee."
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
divorce.
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. |

PRIMARY
CASELAW
COLORADO
COMMON LAW MARRIAGE
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29 Colorado
appellate cases published to attorney's website
cases can be
downloaded, printed & text copied |
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RESEARCH FEE
$95.00 |
| cases on-line and available
upon telephone request |
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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
legal
separation or
divorce
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
divorce
decree or decree of
legal
separation may result in a claim after your
death against your estate for property division or debt allocation.
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
he / she hits the lottery jackpot or
otherwise accumulates wealth.
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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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dissolution of
marriage
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legal
separation |
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declaration of invalidity -
annulment |
allocation of parental responsibilities
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child
custody |
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parenting
time -
visitation |
spousal maintenance -
alimony |
child
support |
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marital property
rights |
marital debt
allocation |
paternity |
adoption
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Attorney has published a sample
Affidavit of Colorado Common Law Marriage
for informational and educational purposes. The Affidavit may be viewed, however
attorney has intentionally
restricted the form such that text can not be copied and the form can not be
printed. Form restrictions have been placed due to the long reaching
impact of declaring a common law marriage - the sample affidavit form is not
intended for public use. Viewing the affidavit form shall not be construed
as offering legal advice, and viewing and shall neither constitute nor establish
an attorney-client relationship.
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
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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
CASES OUTSIDE EL
PASO COUNTY |
GEOGRAPHIC DISTANCE
ECONOMIC
CONSIDERATIONS |
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Colorado is a big state |
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Ease of internet access, email & 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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trade area due to travel 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 out of state or 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 |
Attorney welcomes new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Douglas
County |
Castle Rock |
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Elbert
County |
Kiowa / Simla |
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Fremont
County |
Canon City / Florence / Penrose |
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Lincoln
County |
Hugo (county seat) / Limon |
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Pueblo
County |
Pueblo |
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Teller
County |
Cripple Creek / Woodland Park |
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| 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
I am a sole practitioner with need to manage my caseload & reserve
the right to decline any legal matter |


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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 |

Copyright © 1985 - All Rights Reserved - Document
Revised: March 17, 2010
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