Is common law marriage legally recognized in Colorado?

Answer 1

The common law marriage, entered into on or subsequent to September 1, 2006 is not a valid marriage in the State of Colorado UNLESS. Look at the code section from the Colorado Statutes. 14-2-109.5 Statutes and Session Law TITLE 14 DOMESTIC MATTERS ARTICLE 2 Marriage and Rights of Married Women 14-2-109.5 Common law marriage - age restrictions.---- 14-2-109.5. Common law marriage - age restrictions.PART 1 UNIFORM MARRIAGE ACT (1) A common law marriage entered into on or after September 1, 2006, shall not be recognized as a valid marriage in this state unless, at the time the common law marriage is entered into: (a) Each party is eighteen years of age or older; and (b) The marriage is not prohibited, as provided in section 14-2-110. (2) Notwithstanding the provisions of section 14-2-112, a common law marriage contracted within or outside this state on or after September 1, 2006, that does not satisfy the requirements specified in subsection (1) of this section shall not be recognized as valid in this state. Source: L. 2006, 1st Ex. Sess.:Entire section added, p. 9, § 2, effective July 18. HOWEVER, you really need to consult a local lawyer if you even imagine that you are associated with a common law marriage. There are enormous state to state differences, where the common law marriage still exsts, or existed. The common law marriage is a such a fact- based entity in most states which allowed it in the first place, that one must be very careful even using the words. The appellate courts in Colorado might have had a lot to say about this legislation since September 1, 2006. Side Point: The State of Georgia no longer permits the entering into a common law marriage; existing common law marriages are still marriage. However, no new ones. If you desire a legal opinion relating to a specific situation, you should consult your own attorney

Answer 2

Yes, Colorado "recognizes" common law marriage.

To clear up a common misconception, a marriage between an unmarried competent man and an unmarried competent woman (either ceremonial or common law) is valid in all 50 states and DC, if it is valid in the state where it occurred. If a couple had a valid common law marriage in, say, Alabama (where common law marriages are permitted) then moves to Mississippi (where common law marriages are not permitted) - the couple is still married and would need to be divorced to become single again. A couple's marital status doesn't change as they drive around the country. This is required by a constitutional doctrine called "comity". Generally speaking, marriage in a foreign country will also be recognized in all 50 states and DC.

Currently, common law marriages may occur Alabama, Colorado, DC, Idaho, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas and Utah. Sonya C. Garza, Common Law Marriage: A Proposal for the Revival of a Dying Doctrine, 40 New Eng. L.Rev. 541, 545 (2006). Little-bit-of-knowledge-is-a-dangerous-thing warming: "Currently" here is very significant, for example, valid common law marriages occurred in Pennsylvania until 2005.

The requirements for a common law marriage are:

1. Eligibility - a man and a woman, both unmarried, both competent (not insane or mentally disabled) - NOTE - "of age" is not necessarily a requirement of common law marriage.

2. Cohabitation - live together as husband and wife.

3. Representation - they tell others that they are husband and wife

4. Intention - each intends to be married to the other.

The first three are objective questions that can be verified by government records and often have many witnesses. The fourth - intention - involves deciding what was going on in the person's mind. A tricky question. The judge or jury has to look at the facts and decide as best they can.

"The judge or jury?" What does a judge or jury have to do with common law marriage? Common law marriage is seldom an issue between two people who are happily living with each other, usually it comes up in one of three contexts:

1. Statutory rape - (a consensual sex between an adult and an underage minor). If the parties are married (regardless of ceremonial or common law) then sex with an underage minor is not a crime.

The most recent Colorado common law marriage case IN RE MARRIAGE OF J.M.H. AND ROUSE, 143 P.3d 1116 (CO 2006), involved an adult man - Rouse - and a 15 year old female - JMH. The complaining witness was the local children's protective services agency. Both Rouse and JMH were arguing that a common law marriage existed even thought JMH was too young to have a ceremonial marriage.

2. Death benefits - life insurance, estates, workers' compensation death benefits, proceeds for wrongful death lawsuits - the survivor of an unmarried couple would get none of these items - the survivor of a common law marriage would get some or all of them.

3. Alimony and property settlements - when an unmarried couple breaks up - she gets what's in her name, he gets what's in his name and they split what's in joint name. When a married couple breaks up, the property is usually split 50-50 regardless of title, alimony can be ordered when one spouse has a much higher income or when one spouse is disabled or incompetent. The determination of whether a common law marriage existed can mean a huge difference in finances.

Although all the states have the same elements of common law marriage, they can interpret them differently. Some states require that the cohabitation or representation be open and continuous for a lengthy period - months or years, while checking into a hotel as a married couple may be all that's necessary in another state.

Answer 3

There must be a mutual consent to be married. The following elements should be present:

• The parties are free and of an age to marry.
• The parties must hold themselves out as wife and husband.
• They must live together and hold themselves out to the community as married.
• Mutual consent is most important factor.

Answer 4

Yes it is. I know I got divored there.