Gerald Nissenbaum, Common-Law Status May Help Single Mom. Boston Herald, Feb 19, 2012
http://bostonherald.com/entertai ... g?articleid=1404629
My comment:
(a) Massachusetts has not recognized common-law marriage since 1646.
(b) Colorado common-law marriage.
(i) Common Legal Questions. In the website of John W Suthers, Attorney General, Colorado Department of Law, undated.
http://www.coloradoattorneygener ... mon_legal_questions
("No time requirement exists other than the time necessary to establish these circumstances")
(ii) Frequently Asked Questions About Vital Records. Colorado Department of Public Health and Environment, undated.
http://www.cdphe.state.co.us/certs/vrfaqs.html
(iii) Colorado Revised States
http://www.state.co.us/gov_dir/l ... evised_statutes.htm
> Title 14 Domestic Matters
> Article 2 Marriage and Rights of Married Women
> 14-2-106. License to marry.
14-2-109. Solemnization and registration (may be by the parties to the marriage, under certain circumstances)
14-2-109.5. Common law marriage - age restrictions.
(c) Common-law marriage in the United States
http://en.wikipedia.org/wiki/Com ... n_the_United_States
("Common-law marriage can still be contracted in eleven states (Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire (posthumously), New Mexico, Rhode Island, South Carolina, Texas, and Utah) and in the District of Columbia. Note there is no such thing as 'common-law divorce' — that is, you cannot get out of a common-law marriage as easily as you can get into one.")
(d)
(i) If the couple has not held themselves out as man and wife in Colorado, they are just cohabitating, which Colorado does not deem a common-law marriage.
(ii) The couple have a home in Colorado as well as one in Massachusetts. It is unclear (to me) if a couple domiciled in Massachusetts vationed (perhaps once) in Colorado but held themselves out as man and wife while there would be common-law couple in the eye of Colorado.
|