Nicholas Family Law
4610 S. Ulster St., Suite 150
Denver, CO 80237

303.290.7414 (phone)
303.394.2403 (fax)

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COMMON LAW MARRIAGE COLORADO

Common Law Marriage

Colorado is one of the few states that still recognize common law marriage. It may surprise you to know that common law marriage does not require any particular period of time to pass, such as 6 years.

One is common law married if they intend to be husband and wife and they tell others that they intend to be husband and wife. It is common for married persons to have their mail delivered as Mr. and Mrs.; to place the spouse on the other persons health insurance as a spouse; to file joint tax returns; to place car insurance and houses and cars and bank accounts in joint names. In other words, to act like a married couple would act.

The date of the common law marriage often requires a hearing before the court. The court determines if the persons are married at common law, and if so, when that marriage occurred. It is easy to see how a couple could differ upon when, precisely, they intended to be husband and wife and when they started telling others of this intent. A joint tax return might narrow it down to a year, but it doesn’t help at all with the exact date within that year.

The finding by the court of the date of marriage is important because there is no marital property until that date. The date helps everyone understand what property is marital and what property is not.

That date can also help us determine certain presumptions about dad, where children are involved and there is a question of when the presumption of fatherhood would apply to children who may or may not be born of the marriage.

COMMON LAW MARRIAGE IN COLORADO

Gary Nicholas is experienced with legal issues involving Common Law Marriage in Colorado. Nicholas Family Law who has been helping people through Common Law Marriage in Denver and Colorado for 25 years.

Call our Denver Family Lawyers today to schedule a 30 minute FREE Consultation at 303-290-7414, and get our FREE SPECIAL REPORT.