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By Carl O. A common law marriage in Colorado is another way of entering into a marriage β an alternative to a ceremonial marriage by which a couple will obtain a marriage license and then go through a ceremony.
Likewise, cohabitation without the couple actually intending to be married, is not sufficient to create a marriage. A couple which is clearly just dating could live together 20 years or more, and legally just be romantically involved, but unmarried. In Lucero , the Colorado Supreme summarized the prior century of common law marriage law in Colorado:.
And Lucero articulated a 3-part test which must be satisfied in order to have a common law marriage:. In addition to cohabitation and the couple holding themselves out as married, the Lucero court set out a variety of factors courts should consider when determining whether a common law marriage exists, including:.
The problem is that societal norms have changed significantly in the 34 years since the Lucero decision, so in , the Colorado Supreme Court revisited the traditional requirements, and the factors, and found them wanting. As the Court notes right at the outset of the decision:. Together, they illustrate how much has changed since our decision in Lucero β¦ The gender-differentiated terms and heteronormative assumptions of the Lucero test render it ill-suited for same-sex couples.
More broadly, many of the traditional indicia of marriage identified in Lucero are no longer exclusive to marital relationships. The factors identified in Lucero and subsequent cases interpreting it are still relevant, but not as a litmus test to see if a marriage exists. Rather, courts are to consider those factors as a means of determining whether the conduct of the specific couple at issue shows they intended to enter into marriage.