Successfully Defended Client in Common Law Marriage Claim

We often represent clients in divorce matters who are still processing what happened to their marriage. Sometimes we represent individuals facing divorce who never thought they were married in the first place. 

In this case, our client was surprised when they were served divorce papers by their same-sex partner of nearly 30 years. What made this unexpected was the ex-partner’s longstanding opposition to the institution of marriage, a major point of contention during the relationship. 

When our client decided to end the relationship, their ex went to court to allege the pair were common law married because they owned property together. 

Operating under the assumption that property ownership doesn’t legally demonstrate intent to enter into a marriage, our client contacted Robinson & Henry’s Family Law practice for support. 

Knowing our client’s ex had the burden of proving that a marriage existed, we relied on testimony, evidence, witnesses, and the Colorado Supreme Court’s definition of common law marriage. Specifically, evidence of “mutual consent or agreement of the couple to enter the legal and social institution of marriage” is necessary to prove common law exists.” Hogsett v. Neale 478. P.3d 713 (Colo. 2021).

After considering the Hogsett v. Neale definition against the available evidence to recognize whether a common law marriage had existed, the court was not persuaded. Ultimately, the court didn’t find the opposing party’s contention that the parties were common-law married credible. With the divorce case dismissed, our client can look forward to meeting someone who is more likely to commit.