In January, the Colorado Supreme Court decided to review the way courts determine the existence of a common-law marriage.
The case of Hogsett v. Neale stems from a divorce petition filed by one of the parties to a same-sex relationship. (Hogsett, looking for assets controlled by Neale, wanted there to be a marriage. Neale – surprise – didn’t. Neale prevailed.)
The last time the Supreme Court swam in these troubled waters was in 1987, in a case called People v. Lucero. In the Lucero case, the court identified many factors that it said were indicative of a marital relationship. Now, in the Hogsett case, the court has ruled that …
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