Found an issue on this page? Let us know and we will look into it as soon as possible.
How would I defend against a diss. of marriage (common law) petition that I never consented to, nor desired to be a party to?
Anonymous4 views3 answers
I've been served with a civil summons from an ex-girlfriend for a dissolution of marriage for a "common law" marriage in Colorado. I have never identified myself legally or informally as married, nor have I agreed to be a party to a common law marriage with this individual. We are long time cohabitants who have two children together. I suspect that this is a ploy for the petitioner to gain some sort of claim to property/other assets as I individually own the home, (along with a majority of property within) that she resides in.
You must dispute the validity of her claim that you were married. There are a lot of factors a judge has to look at to make a determination of whether or not you were common law married. Because there are so many factors to be considered this is one of those questions that really can't be answered that well in a forum like this. I would highly recommend finding a family law attorney right away to review everything with you so you have a better idea if a judge would agree with you or with her.
You can contest the petition, and it will be up to her to show proof that you held yourselves out as married. If you can defeat the petition then I would file a petition for Adjudication of Parental Responsibilities to sort out custody and support of your children ASAP. This sounds like it could be a somewhat complicated process, and I would highly recommend consulting with an attorney.
Proving or disproving a common law marriage is very fact dependent. Things to look at include: taxes, insurance, rings, cards, medical records etc. to see how the parties held themselves out to others and each other...e.g. as spouses or as unmarried. Also, what understanding did friends, neighbors and relatives have? You will have a child support responsibility in either case. If married, you will also have to deal with property and debt division and a possible alimony claim. You need a lawyer.
