On November 30, 2003, same-sex partners T.P. and D.L. held a ceremony before family and friends where they exchanged vows and rings. Approximately 15 years later, T.P. and D.L. ended their relationship.
T.P. filed a divorce petition in the Jefferson County District Court in Colorado asserting that he and D.L. had entered into a common law marriage on November 30, 2003, the date of their ceremony. But D.L. argued in the dissolution case that it was impossible for him and T.P. to have entered into a common law marriage because same sex marriages were not recognized or protected under Colorado law at the time of their ceremony. D.L. further claimed that he and T.P. did not mutually agree to enter into a common law marriage as required under Colorado’s common law marriage test existing at the time of their divorce case.
T.P. and D.L. participated in an evidentiary hearing in the district court where they each testified and also called several family members and friends to testify about their relationship.
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