What do a legal concept and musical stylings have in common? More than you might think. In the same bombastic, indisputably catchy style of pop-‘stache’, this article examines a legal concept the way that jurists and musicians alike evaluate, analyze, and sing the same song.
So, what is the legal concept of the day? The idea is that of the common law marriage…in the state of Colorado. This concept thereof has raised some eyebrows in the offices of wide-eyed business professionals, as many have recently heard that the state of Colorado is one of a handful of states that still in 2017 will recognize a shared life between two people as constituting a valid marriage. From the perspective of the cynical lawyer, what is the process by which the legal institution of marriage is formed through the common law? What are the reasons and justifications for the continued existence of this concept in our state? And what do two disconsolate lovers actually have to do with the former and latter questions? Well, as far as the former goes, let’s point out a few things.
Firstly, what is the common law concept of marriage? Well, in Colorado, a common law marriage is no different than the formal marriage institution. That marriage involves certain identifiable steps, maybe even a flow chart (yes!), culminating some time later in the final marital status of “married”. Here, we start down the same flow chart and, much like a band of competing emotions, zig zag until we find a mutual couple agreement.
To understand why the question of the recognition of common law marriage in Colorado is such a big deal, we must first determine how a common law marriage is created. A common law marriage in Colorado exists by operation of law. So what does that mean? That means that there is no other mechanism or controlling institution that creates the marriage. It exists completely by the two parties. This can only happen when the two parties to the marriage agree to the same thing, and that is that they intend to be married. In other words, it requires both parties to come to an agreement in order for them to be a band of the married. Without that agreement, then the parties are just two competing and unharmonious forces…or individuals.
As clear as this may seem, it seems that a test of what constitutes a marriage, as opposed to a cohabitive arrangement, is the real test of this concept. This is because in Colorado, in order for the marriage to exist, the courts must see that the parties agree to being married. The agreement or mutual consent is the hinge upon which the question of it being a marriage swings. Furthermore, the Colorado legislature has really narrowed what the elements of the agreement are, and the process by which it is formed, which makes determining whether or not the parties agree to the process very important. Most importantly, however, the parties must act in a way that shows themselves to be married. In terms of a band, this would involve the band actually functioning as a band, making music together, playing together for audiences and with other bands, and generally doing all of the things that they wish to do as a band. Similarly, the court looks to what the parties are doing to determine that the agreement is mutual, and that they are working together to form an inseparable unit – in other words, a single, strong musical entity.
The problem with legal analysis, however, is that sometimes, even though two parties agree to the band, it doesn’t necessarily mean that those two parties will always function well and in harmony with one another. Enter the lawyers, to make sure that instead of hearing horrible grating sounds, the ears of the average citizen are greeted with the sweet lullabies of band unity. Despite what the ordinary citizen says about the merits of legal advocacy, without the legal system, there would be no marriage to begin with.
The point here is that mutually consented action requires more than just an ongoing stream of joint actions that are consistent. In other words, it requires an agreement. Only through the filter of a mutual agreement will the actions of the band be determined to be a productive marriage resulting in the creation of a common law marriage. Even if that agreement is not fashioned in Colorado law, that agreement exists, and therefore the band – or cohabiting parties – will be said to exist as a common law couple.
