Is there a clear definition of 'cohabitation' for Colorado?
Full Question:
Is there a clear definition of 'cohabitation' for Colorado?
10/27/2007 |
Category: Cohabitation |
State: Colorado |
#11055
Answer:
The following is a statute:
18-6-203. Definitions.
As used in sections 18-6-201 and 18-6-202, "cohabitation" means to live
together under the representation of being married.
Source: L. 71: R&RE, p. 448, § 1. C.R.S. 1963: § 40-6-203.
ANNOTATION
Term "live together". Under former section proscribing conduct
under the term "living together", the term was construed to mean living
under the same roof or under such conditions as husband and wife usually
live. But occasional acts of clandestine illicit intercourse are not alone
sufficient to constitute living together. People v. Bright, 77 Colo. 563,
238 P. 71 (1925) (decided under former C.L. § 6835).
18-6-201. Bigamy.
(1) Any married person who, while still married, marries or cohabits in
this state with another commits bigamy, unless as an affirmative defense it
appears that at the time of the cohabitation or subsequent marriage:
(a) The accused reasonably believed the prior spouse to be dead; or
(b) The prior spouse had been continually absent for a period of five
years during which time the accused did not know the prior spouse to be
alive; or
(c) The accused reasonably believed that he was legally eligible to
remarry.
(2) Bigamy is a class 6 felony.
18-6-202. Marrying a bigamist.
Any unmarried person who knowingly marries or cohabits with another in
this state under circumstances known to him which would render the other
person guilty of bigamy under the laws of this state commits marrying a
bigamist, which is a class 2 misdemeanor.
