Because a divorce is necessary to end a common law marriage in Colorado Springs, Co, it is important for couples to know the difference between cohabitation and common law marriage. While cohabitation is a necessary competent of common law marriage, living together does not necessarily mean a couple is married. These questions and answers may help you understand the law.
How should we file our federal tax returns?
If you are in a common law marriage, you have the option of filing your taxes as married filing jointly or married filing separately. Filing your taxes as two single or head of household may cause the course to not recognize your marriage.
Can I take my common law husband’s surname?
Yes. It is appropriate for a woman in a common law marriage to assume the last name of her husband.
Do we need any formal documentation to prove we are married?
No. However, a formal document signed by you and your common law spouse can help avoid confusion if you ever want to end your marriage. Your insurance company may require a signed affidavit to include your spouse on your policy.
How long do we have to live together before we can be considered married?
There is no time requirement for common law marriage. As long as you live together, consent to be married and have a reputation among others in the community as a married couple, you are married under the law.
After entering into a common law marriage, you cannot legally marry another person before getting legally divorced. If your spouse disputes that you were ever married, you may need to provide evidence to the court before you can get divorced and get your shared of the marital assets. When there is no signed document, a joint bank account statement or joint property ownership may be considered proof of marriage.
If your common law marriage in Colorado Springs, CO has ended and you need to get a fresh start with your life, you will need an experienced lawyer to help ensure that assets are divided fairly and you have what you need to move on. For more information or to hire an attorney to handle your divorce, Choose Royal Martin PC.
