Q: Hi I have been a controlling common law marriage in colorado for 12 years. He recently told me he cheated with two
Woman for the last two years. He left came back a day later we decided to try counseling and work on it. He is getting increasingly controlling. I do not want to continue.we have two children that I have been primary care taker. We have a house and multiple cars. But none are in my name. He wants me to move out without my kids. And he wants to make the custody agreement . what are my rights in this situation most importantly to the rights of my kids. I don't know what to do.
A: IF YOU HAVE A TRUE COMMON LAW MARRIAGE, YOU CAN FILE FOR DIVORCE AND REQUEST A PROPERTY DIVISION, EVEN FOR ASSETS IN HIS NAME. IF YOU ESTABLISH THAT YOU HAVE A VALID COMMON LAW MARRIAGE( CLM), THE DIVORCE COURT TREATS IT THE SAME AS A CEREMONIAL MARRIAGE. A CLM REQUIRES THAT YOU INTEND TO BE MARRIED AND THAT YOU HOLD YOURSELVES OUT TO THE COMMUNITY AS HUSBAND AND WIFE. HE MAY CONTEST THAT YOU HAVE A CLM. EVEN IF YOU DO NOT HAVE A CLM, THE COURT CAN ENTER ORDERS FOR CUSTODY OF THE CHILDREN. YOU SHOULD RETAIN AN ATTORNEY TO ADVISE YOU IN THIS MATTER.
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