Although most states in the U.S. do not recognized common law marriage, Colorado does, and it has some specific terms for establishing the presence of these relationships. Because these terms, however, may not be so clear to people – and because having a common law marriage in Colorado can require that people go through traditional divorce when they separate, in this blog series, we will reveal the truth behind some commonly held myths about common law marriage in Colorado.
If you are in a traditional or common law marriage and are considering separating from your partner, don’t hesitate to contact the Denver divorce lawyers at Goldman Law, LLC. We are here to provide you with the best representation in your divorce so you can get through it as favorably as possible.
Debunking Myths about Common Law Marriage in Colorado
Myth 1 – I’m not in a common law marriage because I haven’t been living with my partner for 10 years.
Fact – Wrong! In Colorado, there is no specific amount of time that couples have to have been living together before they can be considered to be in a common law marriage. Instead, the primary requirement for being in a common law marriage in Colorado generally includes couples publicly holding themselves out to be married.
While this can include referring to each other as “husband/wife” in public, it may also involve any number of different activities, only some of which may include:
- Listing each other as beneficiaries on insurance policies
- Sharing bank accounts or owning property together
- A female taking the male’s surname
- Filing taxes together.
Myth 2 – I can get a common law marriage annulled.
Fact – Wrong again! Once it has been established that you are in a common law marriage in Colorado, you will have to proceed though a full dissolution of marriage (or divorce) proceeding as couples who were traditionally married have to when they want to legally and officially end their relationship.
Here, it’s important to point out that:
- Some of the same issues that are the center of traditional divorce cases will also likely be the focus of common law divorce cases. In particular, these can include custody issues, division of marital property issues and support payment-related issues.
- While common law divorce can be as complicated and contentious as traditional divorce, couples may also be able to facilitate the resolution of their divorce through mediation or collaborative divorce. This is usually the best option when couples in a common law marriage can communicate civilly with each other.
For some more facts behind common myths about common law marriage in Colorado, be sure to look for the upcoming second and third parts of this blog series!
Denver Divorce Lawyers at Goldman Law, LLC
If you are getting ready to file for divorce, the trusted Denver divorce attorneys at Goldman Law, LLC are ready to stand up for your rights and help you resolve your case as favorably as possible. When you choose to work with Goldman Law, LLC, you can be assured that your case will be resolved as beneficially and efficiently as possible so you can focus on the future.
To learn more about your rights and how we can help you, contact us by calling (303) 656-9529 or by emailing us using the contact form on this page. From our offices in Denver, we serve clients throughout Colorado.