GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado
El Paso County
Robert D. Gustafson
* Attorney at Law *
Colorado Springs |
WELCOME
perhaps I will
become your attorney |
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COLORADO COMMON LAW MARRIAGE
CASELAW |
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Phone (719) 260-1002
Fax (719) 260-1003 **
Toll Free (800) 410-1002 |
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CASE LAW
COLORADO COMMON LAW MARRIAGE |
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Colorado
Springs Family Law Attorney
Attorney Trial Practice 30+
years in Colorado State Courts - County Courts, District Courts,
Juvenile Courts, Magistrate Divisions & Appellate Courts |
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NOTICE:
Attorney is not accepting new family law cases at this
time.
PLEASE DO NOT CALL.
Refer to detour picture links to find a lawyer.
feel free to check back to this webpage at a later date - thank you for
your interest |
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fees & costs
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hourly rate **
travel
**
dissolution of marriage **
paternity
(legal parentage) **
step-parent
adoption (non-support termination) |
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"
wysiwyg -
what you see is what you get
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do not call
the attorney to discuss meaning or applicability of law to facts of your case -
nor "just have a question" requesting phone advice or information
attorney will decline such calls from non-clients
please seek free answers
elsewhere |
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representation inquiries are invited & most
welcome **
first consultation terms |
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| this request not to call
also applies to other attorneys - cases cited & linked provide a nice
beginning point - kindly conduct your own
legal research |
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CAVEAT: publication of cases is a
professional courtesy for educational purposes only - do not rely upon this list
for litigation - other relevant cases may exist |
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legal research on this webpage is not updated on a regular basis and may be
obsolete - new appellate cases may have been decided |
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In re Danika's
Estate
76 Colo. 191, 230 P.
608 (Colo. 1924)
In
re Foley's Estate
76 Colo. 286, 230 P. 618 (Colo. 1924)
Clayton
Co. v. Industrial Com.
93
Colo. 145, 25 P.2d 170 (1933)
James v.
James
97 Colo. 413, 50
P.2d 63 (1935)
Valdez
v. Shaw
100 Colo. 101, 66
P.2d 325 (1937)
Moffat
Co. v. Industrial Com.
108
Colo. 388, 118 P.2d 769 (1941)
Rocky
Mt. Co. v. Reed
110 Colo. 88,
130 P.2d 1049 (1942)
Clark v.
Clark
123 Colo. 285, 229
P.2d 142 (1951)
Insurance
Co. v. Industrial Com.
124 Colo. 68, 234 P.2d 901 (1951)
Davis v.
People
83 Colo. 295, 264
P. 658 (1928)
Radovich v.
Radovich
84 Colo. 250,
269 P. 22 (1928)
Graham v. Graham
130 Colo. 225, 274 P. 2d 605 (Colo. 1954)
Employer's
Mutual v. Industrial Com.
145 Colo. 91, 357 P.2d 929
(1960) |
Peterson
v. Lewis
148 Colo. 52, 365 P.2d 254 (1961)
Harris v.
Harris, Jr.
171 Colo. 233, 466 P.2d 70 (1970)
Carter v.
Firemen's Pension Fund
634 P.2d 410 (Colo. 1981)
In re
Marriage of Gercken
706
P.2d 809 (Colo.App. 1985)
People
v. Lucero
747 P.2d 660
(Colo. 1987)
Rodriguez v.
Medina
765 P.2d
618 (Colo.App. 1988)
Crandell v.
Resley
804 P.2d
272 (Colo.App. 1990)
In re
Marriage of Cargill
843
P.2d 1335 (Colo. 1993)
In re
Custody of Nugent
955 P.2d 584 (Colo.App. 1997)
Matter
of Estate of Sky Dancer
13 P.3d 1231 (Colo.App. 2000)
In re
Marriage of Phelps
74 P.3d
506 (Colo.App. 2003)
In re Marriage of J.M.H.
143 P.3d
1116 (Colo.App. 2006)
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Putative
Spouse
CRS 14-2-111 |
Prohibited
Marriages
CRS 14-2-110 |
Williams
v. Firemans Fund Ins. Co.,
670 P.2d 453 (Colo.App. 1983) |
People v.
McGuire,
751 P.2d 1011 (Colo.App. 1987) |
Crandell v.
Resley, Note: case cited above
804 P.2d
272 (Colo.App. 1990) |
Combs v.
Tibbitts,
148 P.3d
430 (Colo.App. 2006)
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links
- qualifying income
- fee relief resources
**
link
- gov't child spt enforcemt offices |
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the above cases impart a fair understanding of Colorado common law
marriage
other cases may exist - do not rely upon this webpage for litigation
don't think that just because a case is old, it's not worth a
read - this concept is old |
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Please refer to text of above cases, but in very brief summary: Common law marriage is recognized in Colorado.
Graham v. Graham,
130 Colo. 225, 274 P. 2d 605 (Colo. 1954)
There can be no common law marriage where the agreement is that the marriage
contract shall be by future ceremony.
In re Danika's
Estate, 76 Colo. 191, 230 P.
608 (Colo. 1924)
Cohabitation is presumed to be matrimonial; but that is a presumption of fact,
not of law. When there is evidence against the marriage, the cohabitation
becomes an item of evidence to be considered with all other such items, and it
is strong or weak according to the circumstances. An agreement to live
together as man and wife is not necessarily marriage, but is open to the
interpretation of an illicit relation resembling that of marriage.
In
re Foley's Estate, 76 Colo. 286, 230 P. 618 (Colo. 1924)
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Principles set forth in
Graham v. Graham,
130 Colo. 225, 274 P. 2d 605 (Colo. 1954)
The only essential requirement of a valid marriage contract between parties
capable of contracting is their consent, but the contract alone is
insufficient, unless consummated by the parties' cohabitation as husband and
wife.
If the marriage is denied and can not be shown, its existence may be proved
by and presumed from evidence of the parties' cohabitation and general
repute as husband and wife. Cohabitation required to consummate
marriage contact means not merely sexual intercourse, but living together in
the same house, claiming to be married, or the act or state of dwelling
together or in the same place.
General reputation or repute of a man and woman as husband and wife, as
required to establish a common law marriage, means the understanding among
neighbors and acquaintances with whom they associate in their daily life
that they are living together as husband and wife and not in meretricious
intercourse, and it involves social conduct and recognition giving character
to admitted and unconcealed cohabitation.
There must be evidence of both cohabitation by and reputation of a man and
woman as husband and wife before common law marriage can be presumed.
The determination of weight of evidence and reasonable inferences therefrom
are for the trial court in a case tried without a jury.
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STATUTES WHICH MAY IMPACT COMMON LAW MARRIAGE |
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CRS 14-2-110. Prohibited marriages.
(1) The following marriages are
prohibited:
(a) A marriage entered into prior to the dissolution of an earlier marriage of
one of the parties, except a currently valid marriage between the parties;
(b) A marriage between an ancestor and a descendant or between a brother and a
sister, whether the relationship is by the half or the whole blood;
(c) A marriage between an uncle and a niece or between an aunt and a nephew,
whether the relationship is by the half or the whole blood, except as to
marriages permitted by the established customs of aboriginal cultures.
(2) Children born of a prohibited
marriage are legitimate.
CRS 14-2-111.
Putative spouse.
Any person who has cohabited with
another to whom he is not legally married in the good faith belief that he was
married to that person is a putative spouse until knowledge of the fact that he
is not legally married terminates his status and prevents acquisition of further
rights. Children born of putative spouses are legitimate. A putative spouse
acquires the rights conferred upon a legal spouse, including the right to
maintenance following termination of his status, whether or not the marriage is
prohibited under section 14-2-110, declared invalid, or otherwise terminated by
court action. If there is a legal spouse or other putative spouses, rights
acquired by a putative spouse do not supersede the rights of the legal spouse or
those acquired by other putative spouses, but the court shall apportion
property, maintenance, and support rights among the claimants as appropriate in
the circumstances and in the interests of justice.
CRS 14-2-111
provides that any person who has cohabited with another in the good faith belief
that he was married to that person is a putative spouse until knowledge of the
fact that he is not legally married terminates his status and prevents
acquisition of further rights. A putative spouse acquires the rights
conferred upon a legal spouse, including the right to maintenance, whether or
not the marriage is prohibited under CRS 14-2-110, declared invalid, or otherwise
terminated by court action.
Combs v.
Tibbitts, 148 P.3d
430, 433 (Colo.App. 2006).


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feel free to call or email if you are a client or are seeking representation |
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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |

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Colorado, common law marriage,
case law, appellate cases, existence, common law
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attorney, lawyer, court, Colorado Springs, El Paso County |
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Website Copyright © 2003 -
All Rights Reserved - Document Revised
November 06, 2011
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Website Initial Publication Date: October 18, 2003 - Republication Date:
July 22, 2011 |
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