Common law marriage is a legal concept that arises when a couple has lived together for a certain period of time and presents themselves as married without actually obtaining a marriage license or having a formal wedding ceremony. Common law marriages are not recognized in all states, but Colorado is one of the few states that still recognizes them.
In this article, we will explore what common law marriage is in Colorado, how it differs from traditional marriage, and what the legal implications are for couples who choose to enter into this type of union.
What is Common Law Marriage?
1.Definition
Common law marriage is a legal concept that recognizes a couple as married even though they have not obtained a marriage license or had a formal wedding ceremony. Instead, the couple simply lives together and holds themselves out as married. In Colorado, common law marriage is also known as “marriage by habit and repute.”
2.Requirements for Common Law Marriage in Colorado
To be considered legally married under common law in Colorado, a couple must meet the following requirements:
- They must both be at least 18 years old.
- They must consent to being married.
- They must live together as husband and wife.
- They must hold themselves out to the public as being married.
3.How to Prove a Common Law Marriage in Colorado?
If a couple meets the requirements for common law marriage in Colorado, they can prove their marriage by presenting evidence to a court. Evidence of a common law marriage may include:
- Joint tax returns
- Joint bank accounts or credit cards
- Joint ownership of property
- Testimony from friends or family members who can attest to the couple’s relationship
Differences Between Common Law Marriage and Traditional Marriage
1.Legal Protections and Obligations
One of the main differences between common law marriage and traditional marriage is the legal protections and obligations that come with each type of union. In Colorado, common law spouses have many of the same legal rights and obligations as traditional spouses, including the right to make medical decisions for each other and the obligation to provide financial support.
2.Property Rights and Division
Another key difference between common law marriage and traditional marriage is how property is treated in the event of a separation. In a traditional marriage, property is generally divided equally between the spouses if they divorce. In a common law marriage, however, property division can be more complicated because there is no automatic presumption of joint ownership.
3.Child Custody and Support
Child custody and support also differ between common law marriage and traditional marriage in Colorado. In a traditional marriage, both parents have equal rights to custody of their children and are obligated to provide financial support. In a common law marriage, however, the non-biological parent may have to establish paternity or adopt the child in order to have legal rights and responsibilities.
Legal Implications of Common Law Marriage in Colorado
1.Rights and Responsibilities of Common Law Spouses
In Colorado, common law spouses have many of the same rights and responsibilities as traditional spouses. This includes the right to inherit from each other, the right to make medical decisions for each other, and the obligation to provide financial support. Common law spouses can also file joint tax returns and may be eligible for spousal benefits such as Social Security and workers’ compensation.
2.Ending a Common Law Marriage
Ending a common law marriage in Colorado is similar to ending a traditional marriage. The couple must go through a legal divorce process in order to officially dissolve their marriage. This includes dividing property, determining child custody and support, and possibly paying spousal support.
3.Protecting Your Rights in a Common Law Marriage
If you are in a common law marriage in Colorado, it is important to protect your rights and interests. You can do this by:
- Creating a cohabitation agreement that outlines your responsibilities and obligations.
- Keeping records of joint property ownership and financial transactions.
- Consulting with an experienced family law attorney to understand your legal rights and options.
Conclusion
Common law marriage is still recognized in Colorado, but it is important to understand the legal implications before entering into this type of union. By meeting the requirements for common law marriage, proving your marriage, and understanding the differences between common law and traditional marriage, you can ensure that your relationship is legally recognized and protected.
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