02 April 2010

Common Law Marriage

One of the better aspects of the law in Colorado is that it has retained common law marriage. Abolition of that doctrine invariably produces very harsh results in the usual case where spouses have unequal earnings, as a consequence of minor bureacratic mistakes regarding marriage formalities, as it did in a recent Florida case.


Michael Malak said...

The argument for common law marriage is much stronger in the case of, for example, transfer of assets when one spouse dies, than in this case of unilateral marriage -- and especially when there is alleged cuckolding.

Andrew Oh-Willeke said...

Common law marriage is, by definition, not unilateral. It is marriage by mutual consent in the absence of a marriage license completed with all of the requisite bureacratic formalities.

Also, paternity disputes can be addressed both inside and outside marriage.