Denver Dissolution of Common Law Marriage

Denver Dissolution of Common Law Marriage Lawyer

Colorado is one of the few remaining states that recognizes common-law marriage. Common-law marriage is when individuals in a relationship have the intention to enter into a marital relationship but do not complete the formalities of a legal marriage, such as obtaining a marriage license, solemnizing the marriage, and registering the marriage with the state. However, Colorado state law stipulates that common law couples have the same rights and obligations as a legally married couple. Because of this, common-law married people have to file for dissolution of married if they wish to end their marriage. In the Denver area, the legal team at Kinnett & Cordes, can help those looking to dissolve these marriages reach a proper settlement.

What Is A Common Law Marriage?

A common law marriage is created when two people openly and voluntarily assume they are married to one another and agree to be treated as husband and wife. The partners representing themselves as husband and wife to family, friends, or neighbors would be the most significant behavioral evidence in favor of common-law marriage. A common law marriage could also be established by exchanging rings, holding a non-religious ceremony, having children, combining funds, or naming the other as a spouse on tax returns or insurance policies.

Is a Common Law Marriage Different From Other Marriages?

There is no distinction once it has been established that a common-law marriage exists. All the legal privileges and obligations that apply to married couples, such as pensions, insurance, and inheritance, also apply to a common-law couple. The Colorado Supreme Court has declared that it is unconstitutional to discriminate against common-law marriages, such as by providing different employee benefits or by refusing to rent to couples who are married in this way.

Similar to a typical divorce, a common law divorce will start the same. A lawyer will consider any joint finances and if a couple shares any children in addition to other factors. The attorney will assist their clients in filing the petition for dissolution of marriage and any other required paperwork. They will also conduct a thorough investigation to see whether their client meets the requirements if their significant other asserts that they are in a common-law marriage, notwithstanding their disagreement. A common law marriage must be established before a divorce can be granted.

Is It Hard To Prove a Common Law Marriage in Colorado?

Proving the existence of a common-law marriage can be difficult to prove, especially when one spouse has a motive, typically financial, to prove that no marriage exists. Mutual consent or agreement between the parties at the conception of a married relationship is required to establish a common-law marriage. There is no time constraint or necessity to establish a common-law marriage. Couples can be together for only a month and decide to be common-law married or be a couple for 30 years and not be. It isn’t the duration of time, rather the facts and circumstances surrounding the relationship. The factors that the court considers in determining whether you are common-law married are cumulative and very dependent on your particular case, which can also make proving the marriage difficult since there is no definitive threshold.

Requirements for a Common Law Marriage

A common law marriage and a traditional marriage have distinct conditions, but the outcome is the same. Consequently, a common law marriage is one that a court recognizes as valid even though the prospective spouses may not have satisfied the legal prerequisites for marriage, such as getting a marriage license. Courts handle common-law marriages the same way they handle statutory unions, but these factors help solidify a common-law marriage as legitimate:

• Cohabitation with a partner
• A formal announcement to friends, neighbors, family, and community members that confirms marriage
• Joint tax filings
• Spousal benefits from work that refer to both partners as being married
• Public benefits, like food stamps that cover both spouses
• Using the other spouse’s surname for yourself or your children
• Shared financial responsibilities such as joint bills
• Symbols of commitment, such as ceremonies, anniversaries, and rings
• Couple’s labels for one another

Can the Court Deny a Common Law Marriage?

The divorce case may be dismissed if the court decides that the parties failed to create a valid marriage. The court may choose to keep the case going if the couple has kids to determine child support and a custody schedule. According to existing property regulations, the couple is dealt with similarly to other property owners when it comes to other assets.

A person who has cohabited with someone to whom they are not married, in the sincere belief that they were married to that individual, is known as a putative spouse. The person has the same rights as a legal spouse if the court determines that they meet the requirements to be considered a putative spouse. One party may assert they are a putative spouse even if the court decides that the parties failed to form a legally recognized marriage. The implication is that they might be eligible for alimony, a fair division of their assets, and Social Security benefits.

What Happens for New Residents Coming From Non-Common Law Marriage States?

It’s crucial to understand that not all states in the U.S. recognize common-law marriages. This might provide unexpected outcomes and considerable uncertainty. For instance, a couple living together for 20 years in a state that does not recognize common-law marriage moved to Colorado, then divorced one year later. This couple would likely only be considered common law married for one year. Property division, debt distribution, and maintenance (sometimes known as “spousal support” or “alimony”) may all be significantly impacted by that.

In contrast, if a couple relocates to a state that does not accept common-law marriage after living together for 20 years in Colorado and then decides to get divorced, they might not be allowed to do so in that state. Recognizing common law marriages as legitimate varies from state to state, and unfortunately, moving out of Colorado while in a common law marriage could mean that two individuals will need to officially apply for marriage to be considered partners.

What Is a Colorado Common Law Spouse Entitled to?

The divorce process is primarily the same once a marriage has been recognized by common law or by acquiring and obtaining a marriage license, with one significant exception: the court must determine if the parties are married. The existence of a marriage established through a certificate and ceremony is not in question unless one of the parties requests an annulment.

The court will probably order the parties to submit legal arguments and appear at a hearing if one party asserts that the connection is a common-law marriage and the other party contests that assertion. The court may issue temporary orders before the hearing concerning spousal support, child support, attorney fees, parental obligations and parenting time, payment of debts, and use of property that restricts detrimental behavior.

Starting a Petition for the Dissolution of Marriage

Preparing the necessary documentation for submission to the court is the first stage. Being the Petitioner, the party filing the pleas, or the Respondent has no advantages or disadvantages except potential concerns surrounding whether Colorado has jurisdiction over a spouse. It does not matter which spouse initiated the divorce; the complaint caption is the judge’s only consideration.

Courts will accept copies or scans of reasonable quality; those seeking dissolution are not required to appear and sign physically. Additionally, as of January 2018, it is no longer necessary to have any court documents notarized because they can now be self-verified. The opposite spouse must be served with the initial petitions or sign a waiver of service before the formal 91-day clock may be started, and the court can issue a decree of dissolution. It is a rare scenario, however, when both spouses are collaborating flawlessly, where all disclosures have been made, and agreements have been signed, and where we are simply waiting on day 91 for the court to issue the decree.

What Issues Are Covered by a Petition of Dissolution?

The district court judge will address all the same concerns as in a ceremonial marriage when ending a common law marriage because there are no separate proceedings for common law marriages in Colorado. These issues include:

• Property Division: In a divorce, the parties’ joint property, including the family home, joint bank accounts, and other valuables, is divided between them. Everything acquired after the marriage date is typically considered to be marital property. The receiving party retains ownership of any personal property, such as an inheritance from a relative, acquired before the marriage is deemed to be common law. Either the parties will decide how to divide the property by themselves, or the court will decide. In a common law divorce, debt is also split. Similar to a property, debt incurred after marriage is seen as a joint liability, although debt incurred before marriage may not be. Given the financial status of both couples at the time of divorce, asset and debt splits are both intended to be fair and equitable.
• Custody Arrangements: When it comes to custody and visitation in Colorado, the court is guided by the child’s best interests. When deciding on custody and visitation, the court will consider several factors, including the child’s connections with his or her parents and parents and the child’s physical and mental condition. As with other situations, the judge may rule, or the parties may agree on their own. Whatever is agreed upon is incorporated into a parenting plan, which specifies all aspects of custody and visitation.
• Child or Spousal Support: Child support is calculated based on the child’s expenses, which may include educational and medical fees and the combined income of the child’s parents. Typically, until the child becomes 19, this is a lengthy commitment. Contrarily, spousal support is money that one spouse gives to the other on a short-term basis until the recipient spouse can support themselves. This kind of support is typically given when there is a sizable salary gap between the two spouses.

While establishing a common law marriage in Colorado can be done without legal representation, ending it necessitates a court-supervised divorce, just like it does for couples who legally wed in a religious ceremony. Finding a divorce lawyer is always a good idea for facing divorce proceedings, common law, and traditional marriages.

Does Gender Impact Common Law Marriage Dissolution?

If both partners join into a legally recognized marriage or civil union agreement (in any state), one partner had resided in Colorado for at least 91 days before filing for dissolution, or the agreement was entered in Colorado, then the same-sex couple can file for a legal dissolution of marriage or civil union. Regarding legally recognized same-sex marriages and civil unions, Colorado law is clear. The situation for gay and lesbian couples who had common-law marriages, particularly those that took place before the Obergefell v. Hodges decision by the U.S. Supreme Court in 2015, which mandates that all states recognize and license same-sex unions, was murkier.

After the Obergefell (2015) ruling, same-sex common-law marriages in Colorado had to be recognized by the law as if they had always been recognized. When deciding whether a common-law marriage exists, the court looks at whether the partners’ conduct showed a mutual agreement. The court considers the partner’s conduct in the context of all the circumstances because a simple agreement is not always sufficient to establish a common-law marriage.

Seeking Legal Help With the Dissolution of a Common Law Marriage

For those in long-term relationships, common-law marriage might seem like an easy, fast way to become a legally recognized partnership; however, the intricacies of traditional marriage are still present in a common-law marriage, and the divorce process for both is the same. At Kinnett & Cordes, we can help those in common law marriages go through the divorce process, ensuring the same process as those in other domestic partnerships. For more information on our divorce services, contact us today to schedule a consultation with our team.