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By Rich Harris, The Harris Law Firm, P.C.
Believe it or not, the concept of "Common Law Marriage" is still alive and ticking in the State of Colorado! The fact is, many people are tripped up when the legal ramifications of this relic in the law rears its ugly head. Here are the "Top 10 Myths About Common Law Marriage:"
Myth 1: If I am married by common law, it won't affect my legal rights after a break-up, right? Wrong. You could be subjected to the same claims for property division or maintenance (alimony), as you would face in a traditional divorce.
Myth 2: I can't be common law married unless I have been cohabitating for 10 years, right? Wrong. There is no set time period under Colorado law to be declared common law married.
Myth 3: It doesn't matter if my friends and family think I am married, so long as I know the truth, right? Wrong. In a legal dispute, count on your "ex" to claim otherwise and get all of his/her buddies to support that claim, especially if there is money involved. The key is whether you "hold yourself out" as married, and that vague term can get pretty expensive to legally prove, one way or the other.
Myth 4: If I have children with my significant other, I am automatically common law married, right? Wrong. Not necessarily. The key is whether you hold yourself out as "husband" and "wife".
Myth 5: I told my insurance carrier that I am married so my boyfriend/girlfriend can get benefits. This isolated action can't hurt me, right? Wrong. Any public declarations you make about your marital status can come back and hurt you later.
Myth 6: So what if I am considered common law married, I can simply "annul" the marriage, right? Wrong. If you are held to be common law married, you will have to go through a full-blown dissolution of marriage proceeding.
Myth 7: I can't be common law married unless I have plans to go through with the ceremony, right? Wrong. You may be considered common law married even if you and your significant other have never even considered "taking the plunge" publicly.
Myth 8: So what if I filed a joint tax return, that is a federal issue, and it can't be used against me in a state court, right? Wrong. It can and almost definitely will be used against you by your ex's lawyer.
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