Common Law Marriage Qualifications

If we live together, are we common law married?

Many people are under the misconception that if they live together for a certain period of time, they are common law married. That is definitely not the case in Colorado. The courts apply a subjective test and look at several factors to determine whether or not the couple "holds themselves out" as a married couple.

Some of the factors the Courts consider consist of the following:
1. Does the couple introduce themselves as husband and wife?
2. Does the woman use the man's last name?
3. Does the couple file joint income tax returns?
4. Does the couple have joint bank accounts?
5. Is the couple listed as married on health insurance policies?
6. Is the couple listed as married for car insurance purposes?
7. Do they name each other as spousal beneficiaries for life insurance
8. Do their family, friends and co-workers consider them husband and wife?

Out of State Separation

This is kind of a 2 part question, if I file for divorce but my ex (common law) moved out of state with kid what happens with divorce and custody if i chose to have 50/50?

If your wife and child have been out of state for 6 months or more, Colorado may not have jurisdiction over the custody issues, and you may have to litigate that in the other state. Colorado would most likely still have jurisdiction over the marriage but it depends on how long you both were in Colorado, and whether or not you lived here as a married couple.

Commonlaw Marriage

If we live together are we common law married?

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?

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