Questions and Answers About Common Law Marriage

[fg_admin Keymaster]

SOURCE: http://www.independe…n-law-marriage/

______________

Questions and Answers about Common Law Marriage

Posted on March 13, 2012 by christopher

An anonymous person wrote in and asked some questions about Common Law Marriage and the marriage of my son, Nicholas.

Before I continue I hope that everyone that is interested in getting married under the Common Law should read THIS PUBLICATION by the Office of Legislative Legal Services of Colorado. This is a new document and I thank the person that asked me these questions because it encouraged me to do some more research.

The person that asked the questions about this article informed me that he/she was a private person and did not want to be published. I have not given out any contact information but I am publishing the questions because everyone needs to know how to be free and they were GREAT questions.

The person asked 4 questions that I answered individually (below).

1. How was it possible to form a common law marriage in CO, if their address of residence wasn’t in Colorado?

Residency Requirement in Colorado:

Neither one of you have to be a resident of Colorado. Colorado is a great state for a destination wedding!

Waiting Period and Tests:

There is no waiting period for getting married in Colorado and there are no required tests.

Common Law Marriages:

Yes. The minimum age for common law marriages in the state of Colorado is the same as the ages required by the Colorado Uniform Marriage Act. In other words, if you are not both at least 18 years old, a common law marriage is not recognized. This applies no matter where the common law marriage was entered into. (C.R.S. 14-2-104 and 14-2-109.5)

Common-Law Marriage by the Attorney General of Colorado

Quote:

A common-law marriage in Colorado is valid for all purposes, the same as a ceremonial marriage. Only death or divorce can terminate it. The common-law elements of a valid marriage are that the couples (1) are free to contract a valid ceremonial marriage, i.e., they are not already married to someone else; (2) hold themselves out as husband and wife; (3) consent to the marriage; (4) live together; and (5) have the reputation in the community as being married. The single most important element under the common law was the mutual consent of a couple presently to be husband and wife. All the rest were considered evidence of this consent or exchange of promises. No time requirement exists other than the time necessary to establish these circumstances. When proof of common law marriage is required, such as by an insurance company, a signed affidavit can be presented. F

For a sample affidavit, click here.

Common-law marriage is a term used to describe a marriage that has not complied with the statutory requirements most states have enacted as necessary for a ceremonial marriage. The name came from the fact that these marriages were recognized as valid under the common law of England. In 1877, the United States Supreme Court stated, in an action that questioned the validity of a nonceremonial marriage, that marriages that were valid under common law were still valid unless the state passed a statute specifically forbidding them. Meisher v. Moore, 96 U.S. 76 (1877). Since the Colorado legislature has never enacted such a statute, Colorado is part of the minority of states that recognize the validity of common-law marriages.

If you desire a legal opinion relating to a specific situation, you should consult your own attorney.

Note that the Attorney General’s office does not state: live together in Colorado. It just states: “live together.”

The Colorado AG states: “The single most important element under the common law was the mutual consent of a couple presently to be husband and wife.”

Also, just as a side note, I assume you understand that homeless people can get married. Homeless people can vote too. No “residence” is needed. You can also get married in any State of the Union without having a “residence” in the State where you are getting married (to the best of my knowledge and belief). I know that thousands of couples marry in Las Vegas and Reno (one reason being that Nevada does not require a blood test) and many are from out of State (especially California that requires blood tests) and have only been in Nevada for a day.

2. Did they sign an affidavit with a notary in CO (Colorado) stating they were common law married? If so, didn’t the form used ask them if they were residents of CO?

If you are not a Citizen of Colorado it does not mean that you cannot sign an affidavit in Colorado or any other State or territory or foreign nation. An affidavit does not require a residence. If it did then homeless people could not sign affidavits. They can.

Please read what the Colorado AG says. He does not say that an affidavit is required to get married but only WHEN you need proof that you were married. If you marry in Nevada under Nevada law would that marriage be good in California when California requires a marriage license and a blood test to marry? To the best of my knowledge marriages preformed in jurisdictions outside of another State or even country are valid in the USA. In fact Senator John McCain’s parents were allegedly married in Mexico. I am assuming that if they followed the laws in Mexico that they would be considered legally married in any State of the Union.[

Quote:

The Marriage License Laws for a man and a woman to marry vary from state to state. Although there are differences between the requirements in the various states, a marriage between a man and a woman performed in one state must be recognized by every other state under the Full Faith and Credit Clause of the United States Constitution.

Common Law Marriages: Yes. Common Law Marriage – Recognized. See, “Common Law Marriage in Colorado,” 16 Colo. Law. 252 (1987); Crandall v. Resley, 804 P.2d 272 (Colo. App. 1990).

Are common law marriages legal?

Yes, common-law marriages are allowed.http://www.weddingve…tates/colorado/

3. If residency was/is an issue, how did they navigate that, or how would one navigate that?

Residency was not an issue. The County Clerk never even asked a question about residency. We just filed the Marriage Contract, that we wrote, with the Clerk. She was lovely and had to change the computer system so that they could do it. It took them over an hour but she did it and was very happy for my son and daughter-in-law.

Quote:

http://www.state.co….%20MARRIAGE.pdf

A Publication of the Office of Legislative Legal Services Many people mistakenly believe that a couple has a common law marriage after living together for a certain period of time. Living together for a long period of time may help to demonstrate the couple’s agreement to be married, but the law does not require a specific time period.

4. How did they figure out where to file the affidavit (county clerks office, etc.)? Which office, which county, etc.

We didn’t file an affidavit. We filed a signed contract of marriage. I guess we could have done an affidavit. To me it was just common sense as to where to file it. The County Clerk in the County where we went is where marriages are recorded. It was not necessary to record the marriage. We wanted to do it to prove it could be done and that the county government recognized Common Law marriage. We were able to accomplish what we went out to prove.

And as the Attorney General of Colorado stated: If you desire a legal opinion relating to a specific situation, you should consult your own attorney. I am not an attorney. I just have personal knowledge.

In this video it asks how you PROVE a Common Law Marriage. Intent is the key element. We proved it in a simple way. We filed a Contract of Marriage with the County Recorder/Clerk’s office. It was now public record.

"Two things I request of You (Deprive me not before I die): Remove falsehood and lies far from me; Give me neither poverty nor riches— Feed me with the food allotted to me; Lest I be full and deny You, And say, “Who is the Lord?” Or lest I be poor and steal, And profane the name of my God."
[Prov. 30:7-9, Bible, NKJV]

[Author]

Posts