Understanding Common Law Marriage in Colorado
As The Wu Group website integrates research and science on human relationships with the legal perspectives on these matters, we sought an article that exemplifies this merging of disciplines in a common law marriage context. The article, written for We Are CARNE, “Recognizing Common Law Marriage in Colorado: Clarification and Requirements”, provides a scholarly approach to the question, “is common law marriage recognized in colorado,” but does not fully explore the complex interplay between the social science surrounding common law relationships and the legal criteria for their recognition. Clarifying the interdependency of law and social science in this regard is necessary to a sound and fully developed legal philosophy.
In the words of social scientist Brenner, “The relationship between social science and law is essentially reciprocal.” As such, a clear understanding of the objective and subjective realities under which common law relationships are formed will clarify and deepen the legal definition such relationships. For instance, because formal marriages have been practiced for thousands of years, signs of intent to marry and state approval are so well established that the question of whether or not intent to marry was present is rarely raised as an issue in a legal proceeding.
In contrast, common law couples have tended to use much vaguer means of defining and indicating their intent to be legally recognized as married, leading to difficulty in the courtroom in proving the existence of intent. As a result, to avoid excessive litigation costs, it is essential to establish the basis for a legal determination of intent to create a common law marriage. For the reasons set forth in the article, The Wu Group’s advice concerning this type of relationship is the same as the advice to be given in actual law firms around the country: Deferring the making of legal determinations until intent is perfectly clear can prevent many problems down the road.
Therefore, couples who intend to establish a common law relationship would be wise to follow some of the guidelines set forth in the article, such as the goal of acquiring witnesses that can establish the relationship. This is especially important in light of the complexities of proving a common law marriage, particularly when considering the influence of geography and social anthropology. Without these influences, common law marriage would never have come into existence and would have lost out to state-sanctioned and defined marriage.
As history clearly shows, common law marriage has, in fact, won out in some locations, and has been maintained as legitimate and socially acceptable in many more. Though its definition has shifted and changed significantly throughout history, reasonable, research-oriented, and scientifically influenced treatment of the subject is essential to promoting the healthy development of a legal tradition that incorporates all facets of influencing human relationships. A good example of this is evidenced by the number of definitions states have provided of common law marriage over the years.
In Virginia, for instance, there were once as many as 10 viable definitions that a court could issue for common law marriage. As the concepts of sexual relationships and marriage have continued to change, the previous complexity of definitions has also increased. To be sure, the five definitions for Colorado common law marriage in the above article, or even the one definition published in 2011, may seem complex, but actually reflect a general easing of the obstacles to cohabitating couples defining their relationships in legal terms.
Of course, the influence of the law on social science appears to be increasing considerably in contemporary culture. Previously, the law was more influenced by overall social concerns. In contrast, contemporary legal influence results from increased focus on the importance of enforcing even highly technical law. Today, the focus on the enforcement of technical law is significant enough to require couples to focus on legal verification of their intent to become common law spouses from the outset. They should also learn to understand the enforcement possibilities associated with legal verification. Whether or not common law relationships are beneficial to public policy is a complex and ongoing debate.
For more information, refer to the comprehensive overview of common law marriage in Colorado.