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Deedee32

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 So I need some help I know Colorado still looks at common law marriages my question is will I have to file for divorce if its just common law we where together on and off for 6 years had kids called each other husband and wife and now he wants to walk out and end things so would I have to file for divorce and child custody or just divorce

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Not sure what you mean by "just common law".  A marriage is a marriage, and a valid common-law marriage is just as legal and binding as a formal marriage.

 

There is no such thing as a "common-law divorce".  If you have a valid common-law marriage in accordance with Colorado law (and it's not immediately clear from your message that you do) then you must divorce in the conventional way.  I strongly suggest you consult a local family law attorney to determine your marital status and the appropriate steps to take.  Of course matters of custody and child support will have to be dealt with in any case.

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The problem with a common law marriage is that the person claiming to be married has the burden of proving that the marriage actually existed based on the requirements outlined in the following article:

 

http://sls.colostate.edu/data/sites/1/documents/CommonLaw.pdf

 

Cohabitation and calling each other husband and wife is only part of the issue.

 

You would have to go to court for custody and child support even if a marriage didn't exist.

 

But if you want any of the other advantages of marriage, like division of assets that don't have your name on them, then you will need to prove that the marriage existed.

 

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In any future posts, please make an effort to use something that resembles proper capitalization and punctuation so that others may read and understand what you write more easily.

 

 

On 10/23/2016 at 0:47 AM, Deedee32 said:

I know Colorado still looks at common law marriages

 

"Looks at common law marriages"?  If your intent was to say that common law marriages may be legally formed in Colorado, that's correct.


 

On 10/23/2016 at 0:47 AM, Deedee32 said:

will I have to file for divorce if its just common law

 

If you're married -- whether as a result of having a "regular" ceremony or as a result of having formed a common law marriage -- and no longer want to be married, then you'll have to get divorced.

 

 

On 10/23/2016 at 0:47 AM, Deedee32 said:

had kids called each other husband and wife

 

Your kids called each other husband and wife?  That's just bizarre.

 

 

On 10/23/2016 at 0:47 AM, Deedee32 said:

so would I have to file for divorce and child custody or just divorce

 

"Just divorce"?  Huh?

 

Here's an article that discusses what is and isn't a common law marriage in Colorado.  If you believe you were married, then consult with a local family law attorney about a divorce.  If you don't believe you were married, then consult with a local family law attorney about obtaining court orders regarding custody, visitation, and child support.

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Hi @Deedee32

 

Welcome to the community and thanks for posting. Looks like you've already gotten some great input from the community! FindLaw also has some helpful articles about common law marriage which may be helpful:

 

You may also want to meet with a family law attorney to discuss your case. As other posters have mentioned, you will need to file a motion regarding child custody/visitation (and perhaps child support) whether you are common law married or not, so you may want to discuss your options with an attorney first.

 

You can click here for a free consultation with an attorney, or use the FindLaw Lawyer Directory to search by city and state.

 

Best of luck!

The FindLaw.com Team

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