Q: If we live together are we common law married?

A: Simply living together does not make a couple common law married in the state of Colorado. You can live together for 100 years and still not be considered common law married. The Court will look at several factors to determine whether or not you and your girlfriend “hold yourselves out as married”. Some of the factors that Colorado courts consider are the following: Do you introduce yourselves as husband and wife? Does your girlfriend use your last name? Do you file joint income tax returns? Do you have joint bank accounts? Do you have joint credit cards? Do you name each other as your spouse on health, life and car insurance policies? Do your friends, family and co-workers consider you husband and wife?

Q: If we are not common law married, how do we determine custody, visitation and child support for our children?

A: You will have to file either a Paternity Action or an action for Allocation of Parental Responsibilities and Decision Making. The Court will then decide all issues relative to your children including child support.

Q: If we are not common law married, how do we split everything up?

A: If you are not common law married, but have joint assets and debts, you would need to file a Partition Action in the District Court and ask that the Court to divide everything.

 

TOPIC: COMMON LAW MARRIAGE

The material located on our web site is for informational purposes only and is not intended to be legal advice. We are available for consultation regarding legal matters; however, the act of sending electronic mail to our firm or a specific attorney does not alone create an attorney-client relationship, and we reserve the right not to respond. Sharon D. Liko is a Sharon D. Liko, P.C. attorney and responsible for the content of this web site. Copyright © 2003 Sharon D. Liko, P.C. All rights reserved

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