we were what they call common law . can she after all this time do this? and what do l do to trty and stop it . she is asking for my home and bussiness that l got after she had gone she also has me tied up in court with other things and out on bail l am out of money and soon to be out of time so can you please help me
You need to hire a family law attorney as soon as possible. Yes, you must get a divorce if you were common law married and any property accrued until the time of the divorce - whether together or separate is marital. You are going to have a huge fight on your hands. Get a loan on the business or on the home. You must have an attorney or she is going to screw you over
You are either married or not married. A common law marriage is just as valid as a marriage performed by a judge, rabbi, minister or other person authorized to perform marriages. You first need to determine if you were really married in common law. Did you file joint taxes? Did you tell people you were married? Did you introduce one another as husband and wife? Did you name each other as beneficiaries on life insurance? Did you apply for joint health insurance? All of these actions, if answered affirmatively, would tend to suggest a common law marriage existed. Mr. Leroi is correct. You need to retain family law counsel and do so promptly.
Common law marriage is a way to get married. If it actually exists, you are married for ALL purposes. If you were married, you have to get divorced and you will have to address the division of all property and debts obtained by either of you since you were first married.
You should try to retain an attorney to represent you. It sounds like you have put yourself in a tough position.
Your question has an assumption which is a common mistake. A common law marriage is a legal and binding marriage and is no different from a marriage performed by a judge, minister or other authorized official. Although not all states allow people to become married at common law while living in that state, all states recognize and uphold the validity of a common law marriage entered into in a state which allows common law marriage. Colorado is a state in which you can become married at common law. However, as Mr. Littman noted, the question of whether you really are married at common law is a complex one based on a number of different factors. It is NOT as simple as "you were living together for X number of years; therefore, you are common law married.
Consult a Colorado family law attorney who understands common law marriage and see if you have a realistic chance of fighting her claim that the two of you are married.
