Legal Question in Family Law in Colorado

Common Law Marriage

In the state of Colorado if you were with someone for 7 years and were on their health insurance would you have to go through the proceedures and get a divorce? The health insurance through the company has been cancelled and neither party is no longer under that insurance. There were no children or property involved and the two of them have been living apart for for almost 9 months now. They did not file taxes together and did not use or take the others last name.


Asked on 3/21/05, 7:16 pm

1 Answer from Attorneys

The Harris Law Firm, P.C The Harris Law Firm, P.C.

Re: Common Law Marriage

My name is Alexandra White and I am an associate with The Harris Law Firm. Your question seems to be directed towards determining whether a common law marriage arose between the parties. The question is whether the parties held themselves out as being married to one another and there are a number of ways to prove that they did (or did not) do so. The Court will want to know whether the parties referred to one another as husband and wife among their friends and to the public, whether they represented themselves as married to the state or federeal government on tax returns, or whether they represented themselves to an employer or insurance company as married for purposes of obtaining benefits. If a person can answer yes to all of the above questions, a Court may likely find that they are married under common law. However, if they can only answer yes to one of the above questions, the Court may be less likely to find that the partes are married under common law.

I hope that the above general information is helpful. However, without more details, I am unable to give you advise that is tailored to your particular circumstances. I would be happy to meet with you in person to discuss the specifics of your case. Our firm offers a 45 minute consultation for a reduced fee of $150.00. Please feel free to contact our office if you are interested. Thank you for posting your question to LawGuru.com BBS. I look forward to hearing from you.

Regards,

Alexandra White

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Answered on 3/24/05, 12:27 pm


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