December 25, 2014

Picking up where Colorado Common Law Marriage: 7 Myths Debunked (Pt. 1) left off, here, we will continue to highlight the facts behind some common misconceptions about Colorado common law marriage.

Myth 3 – I’m in a Colorado common law marriage, but I can get it annulled.

Being in a Colorado common law marriage can have various legal implications, including some that come into play when the marriage may end.

Being in a Colorado common law marriage can have various legal implications, including some that come into play when the marriage may end.

Fact – No. If you are in a Colorado common law marriage and you want to end the relationship, you could be looking at facing a dissolution of marriage process that is very similar (if not identical) to a traditional divorce. The reason for this is that, like a traditional divorce, the end of a Colorado common law marriage will generally involve settling issues regarding:

  • How the marital property is to be split between the partners
  • How the marital debt will be allocated to each partner
  • How custody of a child is to be divided between parents
  • Whether there should be any payment obligations after the marriage ends (like, for instance, child support and/or spousal support payments).

Because couples splitting up often disagree on these issues, resolving them can involve having to go to family court and endure a process much akin to traditional divorce.

Myth 4 – Spousal support isn’t an issue when a Colorado common law marriage ends.

Fact – Wrong. Although spousal support is not an issue in every case involving the dissolution of a Colorado common law marriage, it can and is an issue in many of these cases, and the same considerations and factors will usually come into play (as in traditional divorce) to resolve disputes related spousal support.

In particular, if partners ending a Colorado common law marriage (or a traditional marriage) cannot agree on the terms of spousal support payments:

  • The court will be called in to resolve the issue.
  • The court will consider (among other things) the economic standing of each partner after the marriage, the standard of living during the marriage, the duration of the marriage and each partner’s contributions to the marriage.

We will point out some more important facts behind common myths about Colorado common law marriage in the upcoming conclusion to this blog series – be sure to check it out!

Contact the Trusted Littleton, Colorado Divorce Lawyers at Bahr and Kreidle

Are you preparing to end a common law or traditional marriage? If so, you can turn to the Littleton divorce attorneys at Bahr and Kreidle for experienced help and the best possible representation. Since 1983, our lawyers have been aggressively advocating our clients’ rights and interests to help them successfully resolve their divorce cases.

To learn more about how we can help you, schedule a free, no obligations initial consultation with us. To set up a meeting, call us at (303) 794-7422 or email us using the form on this page.

From our law offices in Littleton, we represent clients throughout Colorado, including in the Denver Metro Area, Arapahoe County, Adams County, Jefferson County and the cities of Lakewood, Highlands Ranch, Lone Tree, Castle Rock, Westminster, Centennial and Aurora.

Categories: Divorce, Family Law