How to End a Common Law Marriage in Colorado
There are only a handful of states that still acknowledge any merit in a common law marriage. The rules behind it vary from state to state. In Colorado, although there is no specific law that covers the issue, it is simply stated that if you live together and both agree that you are married, presenting yourselves as married in public, then you have entered into a common law marriage. Dissolving the common law marriage, however, is not so simple.
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Things You'll Need
- Petition for dissolution of marriage
- Decree of dissolution of marriage
- Marital settlement agreement
- District clerk's office
- Money
Instructions
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Filing Paperwork
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1
Make sure that you have been living together in Colorado for a minimum of 90 days. It is mandatory to meet the residency requirements before the state of Colorado district court will be allowed jurisdiction over the case.
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2
File the Petition for Dissolution of Marriage with the district clerk's office. This document declares the reason for the separation and a fee will be required when filing.
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3
Deliver to the court a Marital Settlement Agreement. This document must be signed and notarized by both parties, but shows the court that you both agree on terms without the aid of mediation.
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4
Wait for the case to be called and then go to court. The judge will swear you in and ask if you are who you say you are. The court confirms that all the information in the settlement agreement is agreeable to both parties. If it is, then the judge will file a Decree of Dissolution of Marriage.
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Tips & Warnings
Depending on the complexity of the separation, it is in your best interest to sit down with an attorney in an effort to understand all of your rights. Divorce is never easy and the more people you can have on your side, the better off you'll be in the long run.
This article defines the simplicity of the divorce process when both parties are in agreement on all counts. In the event children are involved or the marriage is contested by one of the parties involved, the process can become far more intensive.
There is no common law method of divorce in Colorado. If you indicate that you are married by common law, a formal separation or divorce is required by law. Walking away and marrying another woman will be considered bigamy.
For safety sake, it is probably best to avoid introducing yourself as married unless you are ready to formally walk down the isle. Common law marriage is not a harmless alternative. (Reference 3)
References
- Photo Credit man and woman divorced image by Ivonne Wierink from Fotolia.com
