QUESTION
Do you have to legally divorce in a common law marriage?
Asked on Dec 16th, 2011 on Divorce - Colorado
More details to this question:
My "husband" and I were together for 6 years but we were never legally married. We have a child together, lived together for almost the entire 6 years, and we filed taxes together as well as having a joint checking account and a joint car loan. I have been told that we are considered to be married by common law in the state of Colorado and that we have to legally file for divorce. I was just wondering if this is true or if we can just go our seperate ways.
1 ANSWER
Melissa Marks
If you are in fact common law married you will need to get a legal divorce. However, there are a number of factors considered when determining whether or not a common law marriage exists. That you had joint accounts is a factor, but not determinative on it's own. The most important question is: have you and your partner held yourselves out as married to friends, family, etc.? If so, and considering your joint finances, you would likely be considered common law married. I suggest you consult an attorney regarding your specific situation to be sure.
- Kelly L. Snodgrass
Answered on Dec 18th, 2011 at 3:28 PM