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A Comprehensive Guide to Formalizing a Union in Colorado: Domestic Partnerships and Common Law Marriages

Colorado offers several ways for couples to formalize their relationships, each with its own set of rights, obligations, and recognition. This guide will walk you through the options of domestic partnerships and common law marriages, helping you understand the criteria, benefits, and legal implications of each.

Domestic Partnerships in Colorado

What is a Domestic Partnership?

A domestic partnership, also known as a civil union, is a legal agreement that allows a couple to receive many of the same rights and benefits as a married couple without the full legal status of marriage. This option is particularly useful for couples who do not wish to get married but still want to formalize their union[1].

Eligibility

To qualify for a domestic partnership in Colorado, the following criteria must be met:

  • Both individuals must be at least 18 years old.
  • Neither person can be already in another civil union or married to another party.
  • The two individuals must not be related in a way that would make marriage illegal.
  • They must live together.
  • Both parties must be mentally sound and competent to enter into such an agreement[1].

Rights and Obligations

Domestic partners in Colorado are entitled to various rights and duties similar to those of spouses, including:

  • Unemployment benefits
  • Health insurance
  • Pension benefits under certain circumstances
  • Protection from discrimination based on marital status
  • The right to pursue a wrongful death suit
  • Adoption process and legal framework
  • Visitation and notification rights during medical treatment or hospitalization
  • Financial support
  • Protected conversations in legal or criminal proceedings[1].

How to Obtain a Domestic Partnership

To obtain a certificate of domestic partnership, follow these steps:

  • Schedule an appointment at your county clerk’s office.
  • Fill out the domestic partnership application.
  • Provide valid photo identification[1].

Important Considerations

Domestic partnerships are not recognized at the federal level, which means domestic partners are not entitled to certain federally regulated rights such as social security benefits, federal tax advantages, and retirement benefits unless one partner is listed as the beneficiary. Additionally, if a domestic partnership ends, it could be subject to different regulations regarding the division of assets compared to a divorce[1].

Common Law Marriages in Colorado

What is a Common Law Marriage?

A common law marriage is a marriage recognized by a court even though the couple did not obtain a marriage license or go through a formal ceremony. It is determined by the mutual consent or agreement of the parties to enter into a marital relationship and their conduct manifesting that mutual agreement[3][4].

Eligibility

For a common law marriage to be recognized in Colorado, the following must be true:

  • The couple must have mutual consent or agreement to enter into a marital relationship.
  • They must have conducted themselves in a way that manifests this mutual agreement, such as living together, filing joint tax returns, holding themselves out as a married couple, and obtaining benefits as a married couple[3][4].

Proving a Common Law Marriage

To prove a common law marriage, the court considers several factors, including:

  • Whether the parties lived together.
  • Whether they filed joint tax returns.
  • Whether they have joint bank accounts or designated each other as beneficiaries.
  • Whether they held themselves out as a married couple to friends, family, and the community.
  • Whether they used the same last name or purchased property together[3][4].

Legal Implications

Once a common law marriage is established, it has all the legal rights and duties of any married couple, including benefits, insurance, pension, and inheritance. If the relationship ends, the couple must go through a divorce process, which includes deciding on issues such as property, debts, maintenance (alimony), and any minor children[4].

Recognition Across States

If a common law marriage is valid in the state where it began, all states will recognize the marriage. However, if the common law marriage began in a state that does not allow common law marriages, it may not be recognized until the couple moves to a state that does allow it[4].

Most Important Facts About Formalizing a Union in Colorado

Domestic Partnerships

  • Legal Recognition: Domestic partnerships are recognized in Colorado but not at the federal level[1].
  • Eligibility: Couples must be at least 18 years old, not already in another civil union or married, not related in a way that would make marriage illegal, live together, and be mentally competent[1].
  • Rights and Obligations: Include unemployment benefits, health insurance, pension benefits, protection from discrimination, and more[1].
  • Procedure: Obtain a certificate by scheduling an appointment at the county clerk’s office, filling out the application, and providing valid photo ID[1].
  • Federal Limitations: No access to social security benefits, federal tax advantages, or retirement benefits unless specified[1].

Common Law Marriages

  • Legal Recognition: Recognized by Colorado courts based on mutual consent and conduct manifesting a marital relationship[3][4].
  • Eligibility: No time requirement; based on mutual agreement and conduct such as living together, filing joint tax returns, and holding themselves out as a married couple[3][4].
  • Proving the Marriage: Factors include living together, joint financial activities, and public acknowledgment of the relationship[3][4].
  • Legal Implications: Same rights and duties as a married couple; requires divorce proceedings to end the relationship[4].
  • State Recognition: Recognized across states if valid in the originating state[4].

By understanding these options, couples in Colorado can make informed decisions about how to formalize their relationships and ensure they have the legal protections and benefits they need.

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