Ouray, CO Divorce Law Firms & Lawyers

Missing spouse cases are complicated because you have to petition the court to allow you to serve him by publication. Part of the petition is proving to the court that you have tried to locate him, but could not (we usually have a private investigator do an electronic search for the missing spouse and submit the PI's report to the court with the motion as evidence of trying to locate him). You then have to publish notice of the divorce in your local newspaper for 5 weeks. Once that is done, you follow all the other procedures and file all the required "normal" divorce paperwork. None of this is cheap or fast (I'd expect it to take 5-6 months). We do these cases regularly on a flat fee basis if you would like assistance. For $795, we do all the paperwork and assist/coach you through the whole process, including all of the missing spouse procedures (you are responsible for filing the documents, and court costs and fees). Our goal is to help you get though the process faster than you could on your own, make sure all the procedures and documents are done correctly. Please feel free to call me if you would like to discuss your case further. I hope this helps.

Nothing is affected by cheating. California law says equal division of property and it does not affect support or custody unless some problem with the person, sex offender, alcoholic and drinking in front of your children.

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