October 21, 2008

What Is A Common Law Marriage?

Unlike the vast majority of states, the State of Colorado will allow parties to consider themselves "married" even though they have not obtained a marriage license or participated in a civil or religious ceremony formally consecrating their marital relationship.

A broad definition of the use of "Common Law" can be found on the Wikipedia site. Howver, the law in Colorado carefully defines a "common law" marriage as one where the "parties mutual consent or agree to be husband and wife, followed by a mutual and open assumption of a marital relationship."

The Colorado courts first recognized the existence of a common law marriage in a court decision in 1907. Therefore, the parties agreement that they are married, cohabitate as husband and wife, and engage in other conduct and circumstances that indicate that they have entered into a marital relationship, may be strong enough to convince a judge that the relationship should be treated by the law, the same as a ceremonial marriage. This is significant in light of the thousands of divorce and legal separation cases that are filed each year in the State of Colorado.

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June 19, 2008

Pro Se Divorce: Why Bother With An Attorney?

"Divorce attorneys are expensive ... I bet I could save LOTS of money if I did my own divorce ... after all, my wife and I are on friendly terms. Of course, I would have a paralegal check out the paperwork, but at a fraction of the cost."

Just writing this brings up bad memories. That was me 15 years ago ... a pretty smart guy, Project Manager for a manufacturing company, college degreed and pretty competent with documents, etc. I saved at least $3000.00 by not hiring a lawyer! So far, so good.

Three years after the divorce, two of my children graduated from high school. They had stayed with me so they could get through school. Their mother moved out of state when we were divorced. It was OK, I didn't need her to pay child support for those kids that stayed with me! The day I recieved the notice that my wages were being garnished for $16,000.00 of back child support ... well ... that got my attention. I'll never forget the three little words my ex-wife said to me when I called her to ask why I was being charged child support for the children that had resided with me the past three years. Those three words ... "READ THE PAPERS"!

You guessed it ... somehow, some way, the Final Decree showed she had the children! Of course, I wasn't worried, all I would have to do is call the court and let them know of the mistake. Funny, they said the same three words ... "Read The Paper"!

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