How best to handle spousal support if my ex-wife living in a common-law marriage arrangement?

I’m getting ready to take my ex 2 court to have maintenance terminated on the grounds she’s been involved in a common-law marriage arrangement (but she won’t call it that). The majority of my evidence was collected from her garbage on the street and I am filing copies of all the documents with my motion to terminate maintenance. Should I tip my hand and send a copy of the evidence to her also at this time or wait until a court date has been established and then send it? Do I even have to provide it unless she asks?

Asked on September 4, 2012 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Make sure that you google what is required for establishing a common law marriage in Colorado.  Courts are very particular about same.  The key is, though, that there has to be an intent of the parties and that they "hold themselves out" as married.  I assume that you are making a motion to modify the order.  You have to serve her with a copy of the motion and the exhibits attached thereto under procedural law in any state, either before or after you file the motion depending.  In an Ex Parte motion - often called an Order to Show Cause - the court sets the date and then you serve.  In ordinary motion proactice the party making the motion sets the date and serves before they file the motion.  Generally courts do not take the motion unless it has been served on the other party.  Good luck.


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