Common Law in the State of Colorado
A marriage license and traditional wedding ceremony are not always required to validate your marriage. In the state of Colorado, couples that live together and assume a marital relationship are legally viewed that way through the eyes court of law. Colorado has regulations for common law marriages, such as what is considered common law and how to end a common law marriage.
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Requirements
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Common law marriages are honored between men and women at least 18 years of age in Colorado. C.R.S. 14-2-104 prohibits same sex marriages in the state of Colorado. A couple must share the same residence to be considered common law. According to Colorado Family Law, the US Constitution requires states to give "full faith and credit" to other states laws. If you were considered married in Colorado, the federal government, military and all states (even those that do not recognize common law marriages) must recognize your marriage as well.
Time Frame
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Common law marriages in some states require a couple to live together for a specific amount of time. This is not the case in Colorado. Couples that live together for a long time period have no more common law rights than a couple that has lived together for a short time period. Living together for a lengthy time period may help you prove your agreement to be married to one another, but that is it.
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Warning
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Claiming common law marriage for person gain is illegal. Couples should be warned not to claim common law for the benefits of receiving tax breaks, insurance or other benefits. This is committing fraudulent behavior in the eyes of the government, which could result in a criminal perjury charge.
Prevention
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To prevent common law fraud in the state of Colorado, couples may be challenged to prove the common law marriage exists. There are different types of ways to prove you are in agreement to the marriage. Forms of proof include: the woman takes the surname of the man she resides with, the couple has property as joint tenants, and the couple shares joint checking and savings accounts. The man and woman list each other on retirement and insurance forms, and file joint tax returns for local, state and federal tax purposes. It also helps when couples refer to each other as husband and wife with family, friends, co-workers and others.
Common Law Divorce
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When it comes to ending a common law marriage, the process isn't that simple. You need to precede with the same divorce procedures as any legally married couple in the state of Colorado. If you try to remarry in Colorado without a formal dissolution, not only is the second marriage invalid, you may be charged with bigamy (a criminal offense).
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