Legal Question in Family Law in Colorado

common law marriage

I lived 24 years with my common law husband. 7 years in Colorado, 2 years in Kansas, and 1.5 years in Oklahoma. These are States that recognize Common Law. We presented ourselves as husband and wife and purchased a home in Denver. We filed taxes jointly as 'married' for almost all of the 24 years. In 1984 we moved to California and then in 1996 separated. He moved to Las Vegas, Nevada and married someone in August 2000. Is his marriage legal? What do I need to do to make certain I stay within the law if I ever remarry? Thank you for your help.


Asked on 3/22/01, 8:37 pm

2 Answers from Attorneys

Jack Harding Denver Center for Divorce Solutions

Re: common law marriage

Whether his marriage is legal would be determined by Nevada law. To be certain you are not married, you can divorce him. If he raises the issue that you are not married, the court will determine whether you are.

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Answered on 5/30/01, 8:05 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: common law marriage

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, Tenants'

Rights, and Juvenile Dependencies, and EDD

hearings and appeals, as well as information

about me (education, experience, et cetera)

and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

If any of the states you mentioned recognized your common

law marriage, California will too. Otherwise it won't.

To be on the safe side, file for divorce and let

the court decide if your were married.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 6/04/01, 5:47 pm


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