First Extraordinary Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 06B-2069.01 Jennifer Gilroy    HOUSE BILL 06S-1006
                    HOUSE SPONSORSHIP
 King,  Schultheis, and Harvey
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 State, Veterans, & Military Affairs
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the abrogation of common law marriage.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Abrogates common law marriage on and after the effective date of
       the act.  States that this act shall not be deemed to render invalid common
       law marriages from other states or jurisdictions.
            Amends the "Colorado Probate Code" to specify that an individual
       who entered into a common law marriage with a person after obtaining
       an invalid divorce decree or annulment from that person shall be treated
       as the surviving spouse of the person once the person dies, so long as the
       common law marriage was entered into prior to the effective date of the
       act.  Specifies that an individual shall not be treated as the surviving
       spouse of a decedent if, following an invalid decree or judgment of
       divorce or annulment obtained by the decedent, the individual enters into
       a common law marriage with a third individual before the effective date
       of the act.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Part 1 of article 2 of title 14, Colorado Revised
       Statutes, is amended BY THE ADDITION OF A NEW SECTION to
       read:
            14-2-110.5.  Common law marriage abrogated.  (1)  On and
       after September 1, 2006, common law marriage is abrogated in
       the state of Colorado.  Any attempt to enter into or otherwise
       establish a common law marriage in the state of Colorado on or
       after September 1, 2006, shall not be recognized as a valid
       marriage.
            (2)  Nothing in this section shall be deemed to render
       invalid the recognition of an otherwise valid common law
       marriage entered into before, on, or after September 1, 2006, in
       any other state or jurisdiction.
            SECTION 2.  15-11-802 (2) (a) and (2) (b), Colorado Revised
       Statutes, are amended to read:
            15-11-802.  Effect of divorce, annulment, and decree of
       separation.  (2)  For purposes of parts 1, 2, 3, and 4 of this article, and of
       section 15-12-203, a surviving spouse does not include:
            (a)  An individual who obtains or consents to a final decree or
       judgment of divorce from the decedent or an annulment of their marriage,
       which decree or judgment is not recognized as valid in this state, unless
       subsequently they either participate in a marriage ceremony purporting
       to marry each to the other or, subsequent to the entry of the decree
       or judgment and prior to September 1, 2006, they enter into a
       common law marriage;
            (b)  An individual who, following an invalid decree or judgment
       of divorce or annulment obtained by the decedent, either participates in
       a marriage ceremony with a third individual or, subsequent to the
       entry of the invalid decree or judgment and prior to September
       1, 2006, enters into a common law marriage with a third individual; or
            SECTION 3.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.