Hey everyone, I have a question about common law marriage in Colorado, especially in a military context. My husband and I are going through a divorce, but we’re also closing on a house in both our names and will be living together. He still refers to me as his wife to family and friends. Does this mean we could be considered common law married, even though we’re divorcing? Any thoughts on how this works in Colorado or with military laws? I’d really appreciate any help!
In Colorado, common law marriage is a thing! No need for a ceremony or license, just the intention to be married and living together. So yeah, if you meet those requirements, you might be considered common law married, even after the divorce. I’d talk to a lawyer to be sure, though.
Just FYI, if you’re asking about military benefits, TRICARE ends automatically after divorce unless you have 15 years of military service overlap. If you do, you’ll get TRICARE for one year after the divorce. If you don’t meet that, you might want to look into CHCBP for continued coverage.
Regarding the mortgage and alimony situation, I’d say it’s best to get that agreement in writing. You can draft it up yourself, but it’s a good idea to have it notarized. If your spouse is military, the legal assistance office on base can help with the forms you need too.
Yeah, if you two can agree on terms for the divorce, it’s usually way easier. But if not, you’ll probably need lawyers involved. It can get messy if you don’t agree, but sounds like you’re trying to work it out amicably. Hope it goes smoothly!
Just to add on, it’s really about the behavior of the couple. If you’re living together and acting like you’re married, it could be seen as common law. But make sure you get it all clarified with legal advice just in case things get complicated later.