QUESTION
Can I ask the court to have my common law husband be removed from our residence?
Asked on Sep 29th, 2012 on Divorce - Colorado
More details to this question:
I reside in the state of Colorado. My common law husband is an alcoholic. He drinks every other day to every day. He can be violent if in his drunken state of mind, believe that I have hidden his alcohol. He has caused damages to our personal property, as well as, our rental home.
1 ANSWER
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If you have a common law marriage you must get a divorce through the legal process and, as part of that process you can get a permanent determination of who is entitled to exclusive control of the residence. Common law marriage in Colorado is a highly disputable possibility, but regardless of whether or not one exists you can pursue a Civil Protection Order based on the fear of harm from his tendency toward violence. You need to consult a lawyer to learn more about the law and you potential options.
Answered on Oct 01st, 2012 at 10:53 AM