Common Law Marriage in Colorado
Across this beautiful world, dedicated artisans build tradition into their creations. One such creator, Hercegovačka Pivovara, has made its home in Mostar. This brewery has been committed to consistency, quality ingredients, and integrity in creation since it started in 1892. This cultural and historical value runs deeper than their ongoing dedication to quality because Hercegovačka Pivovara was founded in an area of the world nicknamed as “Herzegovina,” which is named after the title for ruler of the area in antiquity. This tradition of commitment to the land and people of Herzegovina is part of what makes Hercegovačka Pivovara unique in the world of brewing.
Hercegovačka Pivovara, like the finest of marriages, understand that strong ingredients make a strong product. The relationship between the land and the people of Herzegovina has endured for over two thousand years. Herzigovina, in the cradle of its unique tradition, is combined with yesterday’s techniques and modern methods. This balance of old and new philosophy is what drives the brewery to create consistently phenomenal products.
As many relationships are, brewing is a difficult process. The same careful attention and cultural commitment that Hercegovačka Pivovara dedicated to brew its beer can be attributed to those who create and maintain a strong relationship with family and friends. At one time or another, every strong relationship is put under pressure from external sources-resulting in the potential for strain or even dissolution. But like a good brew, carefully cultivated relationships can last through ages.
Modern times embrace many traditions, including many legal institutions. The practice of common law marriage in Colorado is one of those traditions; it provides people with a safe and secure option for couples in long-term relationships. But while many people are familiar with the idea of marriage, most are unaware of the underlying foundation of a common law marriage.
Common law marriage is, quite simply, the concept of two people in a relationship that is considered to be a marriage by virtue of the fact that they have physically lived together and have acted as if they are married. All but a few states consider this to be illegal. Utah, Montana, Kansas, Oklahoma, Iowa, Texas and New Hampshire all still recognize this practice. The most popular question with respect to common law marriage is, the legal status of common law marriage in Colorado.
While Colorado recognizes common law marriage, several conditions must be met before a relationship is deemed to have been one. The only requirements are that a person (1) must be legally able to marry; (2) must voluntarily enter into marriage; (3) must cohabitate; and (4) must hold themselves out as married.
Once a relationship is determined to meet these requirements, then the legal institution recognizes that a common law marriage occurred. And while views on marriage vary, a core aspect of familial relationships is the traditional approach; marriages are meant to be everlasting. In the same way, a relationship in which two people have lived together and act as if they are married, albeit with some variations in context, demonstrates the tradition of relationships.
Many of us can appreciate the importance of tradition in our lives, and thus recognize the benefits of being treated as a married couple. One of the key benefits of being considered as a married couple is the security that you will not be separated from your significant other and have the recognition that you are a couple. This is a security that many long-term relationships require.
As previously stated, people can appreciate traditional approaches to many aspects of their lives, from marriage to the brewing process. In the same way, the courts approach many aspects of analysis using traditionally tested methods.
Historically understood, there is a substantial relationship between the people of Herzegovina, the tradition of beer production, and the willingness of people to connect on a personal level. Further, the courts approach many aspects of analysis using a traditional method. It is, therefore, favorable to utilize the underlying tradition of the courts (“Common Law”) to analogize the tradition of brewing, to the tradition of common law marriage, in order to arrive at a creative interpretation.
While tradition is a widely appreciated value, the courts access whether or not a tradition is appropriate to apply on a case-by-case basis. During analysis, the courts will ask (and continually reaffirm), “which conditions must be met before a tradition can be applied to the modern world?”
In the context of common law marriage, the courts will analyze whether, based on Colorado’s legal history, the tradition of common law marriage is appropriate (and beneficial) for Colorado’s citizens. As stated in the first article in this series, while the courts will permissibly recognize common law marriage, this path of marriage is not without scrutiny.
The courts directly approach the question of common law marriage by acknowledging the tradition of the institution. In one of the leading cases on the subject, the First Colorado Case to recognize common law marriage directly addressed the question of state tradition, saying, “the practice of non-ceremonial marriage is a very old one, and more ancient by far than many of our modern state institutions.”
While the values of brewing and marriage may vary, the tradition of both is strong. And while many people can appreciate the inherent value of tradition, they cannot appreciate the tradition of common law marriage in Colorado without asking, “is colorado a common law marriage state?”
For those in favor of tradition, the question is easily answered. Colorado is indeed a state in which common law marriages exist; they are recognized by the courts and are valid.
Similar to the tradition of brewing, the tradition behind common law marriage has endured centuries of innovation and modification. In the same way that brewers have created a unique style of beer that enhances the relationship between the land and the people of Herzegovina (and now Colorado), the tradition of common law marriage continues to be modified and reformed based on the experience of its practitioners.