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Wanting to Divorce wife. She had Legally changed her entire name. How to fill out Paper work

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Bdoo

New member
Washington State
Will file in California
Common law married in Colorado
My common law married wife and I had separated in May 2018. She moved to CT and I stayed in the West Coast. We both found out that legally we need to have a divorce. We are both willing to get a divorce. I am going to order the divorce papers and fill them out and as well as send them to her to fill her portion out. Will she need to provide the name she was married with, or will she have to provide the name she currently had changed her name too. Also, If unable to contact wife, how can I proceed on clearing my legal martial status. Thanks!
 


LdiJ

Senior Member
Washington State
Will file in California
Common law married in Colorado
My common law married wife and I had separated in May 2018. She moved to CT and I stayed in the West Coast. We both found out that legally we need to have a divorce. We are both willing to get a divorce. I am going to order the divorce papers and fill them out and as well as send them to her to fill her portion out. Will she need to provide the name she was married with, or will she have to provide the name she currently had changed her name too. Also, If unable to contact wife, how can I proceed on clearing my legal martial status. Thanks!
I think that you should get a consult with a local attorney about the elements of common law marriage and what you may or may not have done to trigger a common law marriage. How did you find out that legally you needed to get a divorce?
 

Bdoo

New member
Before we signed the common law marriage, it was to our knowledge that if we wanted to separate, we would have to legally get a divorce.
 

LdiJ

Senior Member
Before we signed the common law marriage, it was to our knowledge that if we wanted to separate, we would have to legally get a divorce.
What do you mean be "signed the common law marriage"? I do not believe that CO has a common law marriage registration so what are you talking about?
 

Bdoo

New member
Colorado does have common law marriage. Jefferson county courthouse is where it was done. Colorado is one of the few states that has common law marriage.
 

Zigner

Senior Member, Non-Attorney
What do you mean be "signed the common law marriage"? I do not believe that CO has a common law marriage registration so what are you talking about?
Just a couple of seconds of actually researching came up with this:
Official verification of a common-law marriage isn't available. To record a marriage, the parties in a common-law marriage may complete and sign an affidavit of marriage in front of a notary. This form may be filed with a Colorado county clerk and recorder’s office. Visit the Colorado attorney general's office website for details about common-law marriage.

https://www.colorado.gov/pacific/cdphe/common-law-marriage
 

LdiJ

Senior Member
Just a couple of seconds of actually researching came up with this:
Official verification of a common-law marriage isn't available. To record a marriage, the parties in a common-law marriage may complete and sign an affidavit of marriage in front of a notary. This form may be filed with a Colorado county clerk and recorder’s office. Visit the Colorado attorney general's office website for details about common-law marriage.

https://www.colorado.gov/pacific/cdphe/common-law-marriage
Which is where I am going with this and why I think that a consult with an attorney is wise. Common law marriage issues are murky at best and no one should ever concede without the advice of an attorney.
 

Zigner

Senior Member, Non-Attorney
Which is where I am going with this and why I think that a consult with an attorney is wise. Common law marriage issues are murky at best and no one should ever concede without the advice of an attorney.
What the heck are you talking about? The OP is MARRIED! They even memorialized their marriage with the state! What is "murky"?
 

LdiJ

Senior Member
What the heck are you talking about? The OP is MARRIED! They even memorialized their marriage with the state! What is "murky"?
Ok, am I to take it that you do not believe that the OP should consult an attorney?
 

Ohiogal

Queen Bee
Ld is proving constantly and consistently how stupid, ignorant, and dangerous she is in on this forum. Yet she is still
Allowed to
Post even though she has no worth with her ignorance.
 

Taxing Matters

Overtaxed Member
What the heck are you talking about? The OP is MARRIED! They even memorialized their marriage with the state! What is "murky"?
Well, there was no memorialization with the state. The OP apparently filed the affidavit of common law marriage with the county clerk and recorder. Just to be clear, the filing of the affidavit with the county clerk & recorder does not create a marriage or provide conclusive proof of marriage. It is simply an attestation by the parties that they believe themselves married under common law. That is, of course, useful evidence in helping to prove the critical elements of common law marriage in Colorado that the parties consented to marriage and in proving that they held themselves out as married. Chances are good that they are indeed married under common law, but without all the facts there is a possibility that they might not be.

Of course, if they are married then to end that marriage they need a formal divorce. There is no such thing as a common law divorce.
 
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