How to Prove a Common Law Marriage in Colorado
Imagine this scenario: You have lived with your partner for many years and acted as if you were married. All of a sudden, your partner wants to leave you and marry her new partner. In Colorado, you may be entitled to benefits such as spousal support and child support though no formal marriage ceremony was performed and no certificate has been filed. You can try to prove that you and your spouse had a "common-law marriage." You must show facts indicating the common-law marriage factors in court. The court will decide if a common law marriage exists.
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Instructions
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1
Prove that you and your partner cohabitated. No specific duration is required. As an example, this can be done by showing a lease you and your partner signed.
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2
Prove that you and your partner mutually agreed to be married. This requires some specific facts; no one specific fact will determine whether a common-law marriage existed. Facts include having a type of prenuptual agreement (even though no formal marriage was entered into). Other facts could be listing your partner as a beneficiary on a life insurance policy. Offer whatever proof you can to show that you and your partner mutually acted as if you were married.
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3
Prove that you and your spouse "openly held yourselves out to the public as married." This is related to Step 2. It differs because you must offer proof of how the public would perceive your relationship. Wearing a wedding band, taking on your partner's last name and using address labels such as "The Smiths" are examples of showing that you held yourself out as a married couple.
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Tips & Warnings
Proving the facts of a common-law marriage is very fact intensive. Much of it relies on facts and circumstances. It is highly recommended that you speak with and hire a family-law attorney in Colorado to handle this matter for you.
References
- Photo Credit marriage image by Mat Hayward from Fotolia.com
