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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My boyfriend and i are no longer together and i have been

Customer Question

My boyfriend and i are no longer together and i have been told i have to file for a divorce. Is this true? We have a one year old daughter together and have live in the same household for a year and filed taxes together.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Colorado recognizes a "common law" marriage. As such, that means, if you held yourselves out as married by cohabitation and filing of joint tax returns, you would need to file for a divorce in Colorado to legally dissolve the marriage.

The full criteria to establish a common law marriage is:

1- Live together

2- Put yourselves out as being married to friends, neighbors and family. Presenting yourself as married may include actions such as wearing a wedding band or referring to your partner as “my husband” or “my wife

3- Filing joint income taxes

4-

Expert:  Samuel II replied 1 year ago.

If one party believes that the parties are living as husband and wife but the other party does not and there is not other affirmative conduct as husband and wife, there cannot be a common law marriage. The parties essentially must act, perform and do everything as if they were married but without a valid Colorado ceremony.