Boone, CO Divorce Law Firms & Lawyers

It is astonishing to me how many people simply listen to their spouse telling them what will happen in a dissolution, and do not take the opportunity to consult with experienced legal counsel. If the condo was purchased prior to your marriage then it is your sole and separate property. That is not to say that your husband may have no claim to a reimbursement for money he may have loaned you. There are many factors involved, and there is no substitute for meeting with an experienced family law attorney to discuss the classification of property as sole and separate or community.

If you are in fact common law married you will need to get a legal divorce.  However, there are a number of factors considered when determining whether or not a common law marriage exists.  That you had joint accounts is a factor, but not determinative on it's own.  The most important question is: have you and your partner held yourselves out as married to friends, family, etc.?  If so, and considering your joint finances, you would likely be considered common law married.  I suggest you consult an attorney regarding your specific situation to be sure.   - Kelly L. Snodgrass

You don't need consent to get a divorce. simply file your papers,have the other side served and get a hearing date. the court will make orders for support, etc. without the consent of the other side. If you don't know where the other side is, you can apply to the court for an order to serve that person by publication. the court can also grant domestic violence restraining orders without the consent of the other side. But, you have to take action and file some paperwork with the court.