Are you married or not – the CRAZY of Common Law Marriage in Colorado.
This past week a friend of mine from high school and former client called me to find out if he was married or not?
I’m not kidding.
Back in 2007 while dating a beautiful young woman and living together – for all of 2 months – they decided to sign an affidavit of common law marriage so she could be added to his insurance benefits. They broke up in 2010, she has since married, but now as he is preparing to actually get married, the benefits people from his company are telling him HE NEEDS A DIVORCE!
Most likely he will! In Colorado a couple may be common law married if they are 18 or older, live together and agree they are married. Now, “agree” seems to be a very loose term! Do you have any debts together? Have you gone to recent party and introduced one another as your husband or wife? HAVE YOU SIGNED A LEGAL DOCUMENT – like an Affidavit of Common Law Marriage?
In another case, I won 3 years of maintenance for a client. Soon after the divorce he was at a party and introduced his pregnant girlfriend as his wife and that was enough for the Court to take away his $180,000.00 of maintenance.
If you want to be married, be married.
If you want to just live together and think about it, don’t create circumstances that could have the State or any other entity think you are married. Some suggestions:
- Do not sign an Affidavit of Common Law Marriage.
- Do not get credit cards or apply for any debts together.
- Do not tell anyone you are married or put the other’s name with yours.
- Sign an agreement or contract that specifically defines your relationship for you.
- Don’t create any circumstances that create this CRAZY.
For more info about your unique situation please contact me at 720-722-0776
3 Reasons a pre- nup can be contested in the state of Colorado.