Graham.Law Blog

Almost two years ago, we wrote about a Colorado Court of Appeals decision where the Court found that all of the evidence of common law marriage had to be considered, and the fact that the parties filed separate tax returns could not be the controlling factor in the face of…

January 11, 2021 was a big day for common law marriage in Colorado. The first three decisions issued this year by our Supreme Court were all on the issue of common law marriage. This article focuses on the first of those decisions, Hogsett, where the Court significantly revised its 33…

This big common law marriage case (one of three common law marriage decisions issued by the Colorado Supreme Court on January 11, 2021) is another legal victory for the LGBTQ community, in that it found a couple could be found to have been in a same-sex common law marriage even…

What is a Putative Spouse? The traditional, ceremonial marriage works for most, our legal system recognizes that a couple who did not enter into a ceremonial marriage may still need legal protections after a long-term relationship. Some states, such as California, have developed concepts such as palimony, under which an…

Colorado in Shrinking Minority of States with Common Law Marriage We do not typically write about legal developments in other states – keeping on top of family law updates in Colorado keeps us plenty busy. But when your state is one of an already tiny pool of states which recognizes…

Are we married, or just living together? Because Colorado is one of a very few states which still has common law marriage, there is a misconception that if a couple lives together in a long-term relationship, at some stage they become married. What Is A Common Law Marriage? In short, it…

Update – In January 2021 the Colorado Supreme Court reversed the Court of Appeals, as one of three common law marriage decisions issued the same day. See our blog post for more details, but in Yudkin, the Court vacated the Court of Appeals decision, and directed the trial court to…

NOTE – On January 11, 2021, the Colorado Supreme Court issued its long-awaited decision in Hogsett, and has replaced the Lucero standard for determining whether there is a common law marriage. See our new blog post for a full discussion of this important case. Can a same-sex couple have a…