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Common Law Marriage
An Agreement Manifested in Actions...
Common law marriage is only recognized in a few states, Colorado included.
The idea of a common law marriage is that two people have chosen to come together in agreement — whether actual or passively — to be married. Simply put, if a couple agrees that they are married, in Colorado, they are, even if that agreement is not express.
Common law marriage is a unique and often misunderstood area of the law, even by attorneys. You might have heard that a couple that lives together for a certain amount of years, or that files taxes together, or that tell people they are married, are common law married as a result.
The issue is not so simple and there are no set benchmarks for determining whether a couple is common law married under Colorado law. Instead, things like living together, filing taxes together, and wearing a ring are merely evidence of an agreement to be married. The Court will consider the totality of the evidence in determining whether there was an express or tacit agreement to be married.
These ambiguities render is essential that anyone who believes they might be common law married contact an attorney right away. At Scardina Law, we provide legal advice and support to individuals in a common law marriage, and those looking to get out of one.
If you have questions or wish to schedule a free consultation with one of our attorneys, please call 303-502-5540..
Child support law firm in Denver, Colorado, Divorce and "Family Law"
What about Common Law Divorce?
The Divorce Process
It is important to note that even though there is common law marriage in Colorado, there is no common law divorce. When a couple in a common law marriage decides to divorce, they go through the same legal process as any other couple who is divorcing, with the added step of establishing the parties agreed to enter into a marital relationship.
Common law marriage disputes are often not typical family law matters. Where the marriage is contested, the initial determination of whether a party entered into a common law marriage is a fact driven inquiry that requires skills typically developed in civil litigation, not family law disputes. Recent case law from the Colorado Supreme Court has complicated the determination, making it essential that you have skilled litigators ready to identify all relevant facts to meet the many factors considered by the Courts. Fortunately, Scardina Law has both family law counsel and civil litigators available to help you bridge the gap and achieve your desired results.
If you are dealing with a divorce and family law matter, call us today and speak DIRECTLY to an attorney to see how we can help!
Our lawyers can represent you in your divorce and address any legal issue that arises from a common law marriage including:
- Child custody
- Child support
- Spousal support
- Division of property and debts
Individuals in a common law marriage are often tied to each other financially, socially, as parents and in many other ways. As such, there are many issues that must be considered and many issues that must be addressed when the couple decides to separate. We are here to provide you with tailored legal services to meet your unique needs at this time.