Legal Question in Family Law in Colorado

Re: common law marriage

By "common law marriage form," I'm assuming that you are referring to probably some sort of a declaration form provided by the insurance company. In Colorado, there are no forms a couple would fill out to declare they are common law married - in other words, there is no equivalent document certifying a common law marriage as there is with a marriage certificate.

Although I don't know the specifics of your policy, it is likely though that by declaring you are common law married, your premiums will be less expensive.

However, there is a very important consideration here. In Colorado, all that is required to establish a common law marriage is that the parties intend to be husband and wife and hold themselves out to the public as husband and wife. There is no requirement that the parties live together for a certain amount of months, etc. There is a variety of evidence which can be used to prove a common law marriage, such as wedding rings, listed as a spouse on documents, etc. In your case, the "common law marriage form" you are referring to would likely be highly indicative of showing that there was a common law marriage.

If a common law marriage is found, in order to dissolve it, you will have to go through the formal divorce process. You will also be subject to the legal obligations associated with divorce, such as maintenance and property division. Therefore, signing the form could have a huge implication as to whether you are later found to be common-law married, although a court will look at all factors involved.

Christine C. Nierenz

The Harris Law Firm, P.C.

www.harrisfamilylaw.com

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