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In re Marriage of Hitchcock, 2026 Colo. App. LEXIS 762, 2026
2026 Case Profile Regarding Common Law Marriage - In re Marriage of Hitchcock, 2026 Colo. App. LEXIS 762, 2026
Are you involved in a divorce or child custody case involving common law marriage? A Colorado Springs divorce and child custody attorney can assist you. An experienced divorce and child custody lawyer can guide you through the legal process to assist in exploring your options. You have one bite at the apple in the court system so make it count.
In re Marriage of Hitchcock focused on the fact that a signed and written agreement between parties alleging to be married is not dispositive of a common law marriage and that conduct consistent with a marriage is also required. In re Marriage of Hitchcock, 2026 Colo. App. LEXIS 762, 2026. In this case, the parties cohabited from 2016-2022 in one party’s residence. They executed an affidavit of common law marriage in 2021 claiming that they had been married since 2016. They executed the affidavit to obtain health insurance for Hitchcock's diabetic son. While they were initially intimate, their relationship became platonic by 2017 and they lived in separate wings of their house. They did not own joint property, bank accounts, tax returns, or engage in joint estate planning. Also, witnesses testified that they appeared to be roommates, not spouses.
The Court found that where the parties executed an affidavit of common law marriage primarily to obtain health insurance benefits for a child facing imminent loss of coverage, lived platonically in separate wings of a house, maintained no joint finances except one store credit card, and were perceived by witnesses as roommates rather than spouses, no common law marriage existed despite the affidavit.
Turning Change Into Opportunity in Colorado Springs, ColoradoA knowledgeable and experienced Colorado Springs divorce and child custody lawyer with knowledge of common law marriage can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving on to a better future instead of spending your time attempting to navigate complex legal rules and procedures.
Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find here. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation.
