Legal Question in Family Law in Colorado
invalidity of marriage
Do you know if a common law marriage is valid on the basis that we have lived together for 5 years and are on each others benefits at work stating we are spouces of each other
1 Answer from Attorneys
Re: invalidity of marriage
Whether a couple is common law married depends on the facts of each individual case, as there are a number of factors to consider. Generally, a couple will be considered to be common law married if they hold themselves out to the public as married and the parties mutually agree to be husband and wife. One indicator in favor of a common law marriage may be that you're listed on insurance forms as spouses. However, that's just one factor in the grand scheme of things. Other relevant items would be what your friends would say of your relationship, do you refer to your spouse as "husband" or "wife," do you wear symbolic rings, etc. Thus, the determination depends on a case by case basis, and you may wish to consult with an attorney further to determine whether you are common law married and how that impacts you.
Hope this helps!
Christine C. Nierenz, Esq.