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Last updated on July 24, 2024
Common law marriage occurs when two people can be considered legally “married” despite never receiving a marriage license. Many common law marriages come with all the features of any other marriage: a proposal and a wedding ceremony. And the parties may refer to one another as husband and wife. They live together, create joint bank accounts, buy houses, and have children.
What common law marriage partners do not do is make a trip to the courthouse to make it official. Very few states overlook the lack of a license and proceed to recognize the marriage, while most states require a license to recognize any marriage as legal.
Eight jurisdictions recognize common law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, Texas, Utah, and the District of Columbia. Historically, partners used common law marriage when they had no convenient access to a courthouse or church. Today, common law marriage is relevant mostly because of its relationship with divorce.
Efficiency concerns
Some argue that common law marriage should be abolished on grounds that it is inefficient. They point out that those who use the system may end up in costly litigation if their partnership fails. In order for common law married couples to split their marital assets and debts in a divorce, they must first prove to the court that they are actually married. The partners must litigate this in court through numerous factors that vary by jurisdiction.
In Colorado, the parties to a common law marriage need to prove the existence of a mutual marriage agreement. Accomplishing that can be complicated and expensive. One way to reduce the complexity is to require all people who want the protections and legal rights that come with marriage to acquire a license. This is why the trend in most states is leaning towards abolition of common law marriage.
Access to justice concerns
Common law marriage may be necessary, say its proponents, to close the gap in access to justice. For example, some same-sex couples “married” before states began to allow same sex marriage and before the 2015 U.S. Supreme Court ruling that held same sex marriage bans unconstitutional. Common law marriage provides them the legal protections of a marriage without getting a license they could not have obtained.
Common law marriage may also protect people of limited resources, often in communities of diverse cultural backgrounds, who do not understand how to navigate the court system or who find it intimidating. That lack of understanding can be a consequence of a person’s limited understanding of English.
Do you think Colorado should abolish common law marriage? Let me know your thoughts!
Johnnie Q. Nguyen, Esq. is a family law attorney in Denver, CO. He manages JQN Law Firm and can be reached at JQN@jqnlawfirm.com.
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COMMENTARY: Should Colorado End Common Law Marriage?
Last updated on July 24, 2024
Common law marriage occurs when two people can be considered legally “married” despite never receiving a marriage license. Many common law marriages come with all the features of any other marriage: a proposal and a wedding ceremony. And the parties may refer to one another as husband and wife. They live together, create joint bank accounts, buy houses, and have children.
What common law marriage partners do not do is make a trip to the courthouse to make it official. Very few states overlook the lack of a license and proceed to recognize the marriage, while most states require a license to recognize any marriage as legal.
Eight jurisdictions recognize common law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, Texas, Utah, and the District of Columbia. Historically, partners used common law marriage when they had no convenient access to a courthouse or church. Today, common law marriage is relevant mostly because of its relationship with divorce.
Efficiency concerns
Some argue that common law marriage should be abolished on grounds that it is inefficient. They point out that those who use the system may end up in costly litigation if their partnership fails. In order for common law married couples to split their marital assets and debts in a divorce, they must first prove to the court that they are actually married. The partners must litigate this in court through numerous factors that vary by jurisdiction.
In Colorado, the parties to a common law marriage need to prove the existence of a mutual marriage agreement. Accomplishing that can be complicated and expensive. One way to reduce the complexity is to require all people who want the protections and legal rights that come with marriage to acquire a license. This is why the trend in most states is leaning towards abolition of common law marriage.
Access to justice concerns
Common law marriage may be necessary, say its proponents, to close the gap in access to justice. For example, some same-sex couples “married” before states began to allow same sex marriage and before the 2015 U.S. Supreme Court ruling that held same sex marriage bans unconstitutional. Common law marriage provides them the legal protections of a marriage without getting a license they could not have obtained.
Common law marriage may also protect people of limited resources, often in communities of diverse cultural backgrounds, who do not understand how to navigate the court system or who find it intimidating. That lack of understanding can be a consequence of a person’s limited understanding of English.
Do you think Colorado should abolish common law marriage? Let me know your thoughts!
Johnnie Q. Nguyen, Esq. is a family law attorney in Denver, CO. He manages JQN Law Firm and can be reached at JQN@jqnlawfirm.com.
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