Common Law Marriages and Divorce in Colorado | Episode 140

Common Law Marriage in Colorado: What You Need to Know | Episode 140In this episode of Divorce at Altitude, Ryan Kalamaya and Amy Goscha discuss the complexities of common law marriage in Colorado, a state where common law marriages are legally recognized. They delve into what constitutes a common law marriage, the factors that courts consider, and the financial implications of being deemed common law married. Amy also provides insight into how common law marriage can impact property division, spousal support, and child support during divorce proceedings.Episode OutlineIntroduction to Common Law Marriage Ryan and Amy introduce the topic of common law marriage, explaining its historical context and how Colorado recognizes it.What Makes a Common Law Marriage in Colorado? Amy explains the two main elements required for a common law marriage in Colorado: mutual consent and the open assumption of a marital relationship.The Legal and Financial Implications of Common Law Marriage Ryan and Amy discuss why someone might claim a common law marriage, particularly in divorce cases where property division and spousal support are at stake.Disputes Over Common Law Marriage The hosts discuss how disputes arise when one party denies the existence of a common law marriage.Cohabitation Agreements and Unmarried Couples Amy talks about the rise in cohabitation agreements for couples who want to clarify their status and intentions, particularly when they don’t wish to be seen as common law married.Case Law Examples Amy references the Salzman v. Backrack case, where the court found that property improvements made during a relationship could lead to a claim of unjust enrichment, even if the couple wasn't married. They also discuss the People v. Lucero case, which further defines the criteria for common law marriage in Colorado.The Process of Litigating Common Law Marriage Ryan and Amy walk through how common law marriage cases are litigated, emphasizing the fact-intensive nature of these cases. They discuss how a party seeking to establish a common law marriage might need to provide witnesses and extrinsic evidence.What is Divorce at Altitude? Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.