Cecily Zamora
Colorado is one of the few states in the US that recognizes common-law marriages. A common-law marriage is established when two people mutually consent to be husband and wife, followed by conduct that demonstrates that mutual agreement. This means that both parties must agree to be married and then act like a married couple. There is no requirement for a license, ceremony, or documentation, and the length of the relationship alone does not constitute a common-law marriage. If a couple is found to be in a common-law marriage, they will have to go through a formal divorce to terminate the union.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Colorado is one of the few states that recognize common-law marriage |
| Same-sex common-law marriage | Recognized |
| Requirements | Mutual consent to be married, both parties must be of legal age (18) and neither can be married to someone else |
| Evidence | Joint finances, listing each other as spouses on documents, referring to each other as spouses, cohabitation |
| Termination | Only through legal divorce or death of one party |
| Rights and responsibilities | Common-law spouses have the same rights, privileges, benefits, protections, and responsibilities as couples in a ceremonial marriage |
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What You'll Learn
What is common-law marriage?
Common-law marriage in Colorado is a confusing topic for many because very few people understand what it means to be common-law married and who decides whether a couple meets the criteria for such a marriage. It is often misunderstood as simply living together for a period of time, but this is not the case.
A common-law marriage is an alternative to a ceremonial marriage, where a couple obtains a marriage license and then goes through a ceremony. A couple in a common-law marriage is just as married as any other married couple, with all the same rights, privileges, and responsibilities, but they may encounter issues in proving their marriage exists.
To be considered common-law married, the couple must mutually consent or agree to be husband and wife, followed by a mutual and open assumption of a marital relationship. This means that both parties must consent to entering into the legal and social institution of marriage and then act like a married couple. They must be of legal age (18) and neither can be married to someone else. There is no time requirement, and cohabitation is not required, but if the couple does live together, they must typically share the same address.
There are several pieces of evidence that can be used to demonstrate that a common-law marriage exists, such as joint finances, listing each other as spouses on insurance and other documents, and regularly referring to each other as spouses in public. If there is a dispute about whether a common-law marriage existed, the court will hold a hearing to determine this, and if it is found that the couple was common-law married, they will need to file for divorce to terminate the marriage.
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$68.95
How do you prove a common-law marriage?
Colorado is one of the few states that recognizes common-law marriage. However, it is often misunderstood. A common-law marriage is established when the parties mutually consent to be husband and wife. It does not require any license, ceremony, or documentation to be legal.
If there is a dispute about whether a common-law marriage existed, the Court will hold a hearing. This will be an evidentiary hearing where you will be able to testify, call witnesses, and present evidence. The court will consider many types of evidence to determine if a common-law marriage exists. The couple's references to or labels for one another (calling each other husband/wife) will be considered. However, there is no single element that will prove or disprove a common-law marriage. The Court will consider all the evidence together.
- The couple holding themselves out to the public as husband and wife.
- Maintenance of a joint checking and/or savings account.
- Registration as husband and wife on applications, leases, contracts, registers, etc.
- The woman using the man's last name.
- Mail and bills addressed to each partner listing the same address to demonstrate shared residence.
- Lease agreements, property deeds, and evidence of joint finances and property ownership.
- Tax returns and insurance forms.
- Birthday, anniversary, or other greeting cards, especially if one partner refers to the other as "wife" or "husband."
It is important to note that simply living together for a period of time does not create a common-law marriage. Cohabitation is a relevant factor, but it is not required, and if there is cohabitation, no specific duration is required. Additionally, cohabitation without the couple actually intending to be married is not sufficient to create a marriage.
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What are the rights and responsibilities of those in a common-law marriage?
Colorado is one of the few remaining states that recognize common-law marriage. A common-law marriage is established when two individuals mutually consent to be husband and wife. This consent is followed by conduct manifesting that mutual agreement, such as holding themselves out to the public as a married couple. While there is no single fact that proves or disproves a common-law marriage, the court considers many types of evidence to determine whether a couple intended to enter into a marriage. This includes how the couple refers to or labels one another, cohabitation, maintenance of joint accounts, registration as a married couple on applications, and more.
If a couple is considered common-law married, they are just as married as a couple who had a civil or religious ceremony with a marriage license. They have all the legal rights and duties of any married couple, including the right to social security benefits if they can provide evidence of their common-law marriage. Their property and debts acquired during the marriage are considered marital property, which the court would divide in a divorce proceeding.
To end a common-law marriage, the couple must file for divorce or have one spouse pass away. If there is a dispute about whether a common-law marriage existed, the court will hold an evidentiary hearing, and it is the couple's responsibility to prove that they were common-law married.
It is important to note that not all states recognize common-law marriages, so individuals in a common-law marriage in Colorado should understand their legal rights and responsibilities and how they may be affected if they move to another state. Consulting with a family lawyer can help individuals in a common-law marriage understand their rights, responsibilities, and options.
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How do you end a common-law marriage?
A common-law marriage in Colorado is as legally binding as a ceremonial marriage. It can only be terminated by the death of one of the parties or a legal divorce. If you wish to end a common-law marriage, you will need to file for divorce through a court.
In the case of a divorce, the court will hold an evidentiary hearing to determine whether a common-law marriage existed. This will involve testimony, witness statements, and the presentation of evidence. There is no single element that will prove or disprove a common-law marriage. Instead, the court will consider all the evidence together.
The following are examples of evidence that may be considered by the court:
- The couple's references to or labels for one another (e.g., calling each other husband/wife).
- Cohabitation.
- Maintenance of a joint checking and/or savings account.
- Registration as husband and wife on applications, leases, contracts, registers, etc.
- The woman using the man's last name.
- The couple's behaviour when the relationship ended—a common-law marriage claim asserted years later is less credible than one asserted promptly.
It is important to note that there is no time requirement for a common-law marriage. It could exist after one month or may never exist, even after thirty years. The facts and circumstances of each case are what matter.
If a common-law marriage is established, the divorce process will proceed as it would for any other marriage, and the property and debts acquired during the marriage will be divided by the court.
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Is common-law marriage recognised in other states?
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that is currently recognised in a handful of states. It is often misunderstood and misused, with the term sometimes being used to refer to cohabiting couples regardless of their legal rights.
The recognition of common-law marriage varies across the United States. While some states, like Colorado, fully recognise it, others have limited recognition, and yet others do not recognise it at all. For example, the status of common-law marriage in Utah is unclear, with conflicting information on government and legal websites. The law is also subject to change over time, with Alabama recognising common-law marriages established before 1 January 2017, and Florida recognising those before 1 January 1968.
Under the United States Constitution, the Full Faith and Credit Clause mandates that all states recognise common-law marriages that were validly established in other states. This means that even states that do not have provisions for common-law marriage within their jurisdiction must acknowledge such marriages performed in other states.
Social Security, a federal program, also recognises common-law marriages if the couple resides in a state that recognises such marriages and can submit valid evidence of their union.
It is important to note that the requirements for a couple to be considered common-law married vary by state. While some states may require mutual consent and conduct manifesting the agreement, others may have additional criteria. Therefore, it is advisable to consult a local family law attorney to determine one's marital status and associated legal rights.
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Frequently asked questions
A common-law marriage in Colorado is a way for couples to be legally married without a formal ceremony, marriage license, or documentation. Couples in a common-law marriage have the same rights, privileges, and responsibilities as couples in a ceremonial marriage.
A couple is considered to be in a common-law marriage when they mutually consent or agree to be married and act like a married couple. However, it is not possible to definitively say if someone is common-law married without a court decision. The court will consider many types of evidence, including cohabitation, joint finances, and how the couple refers to and presents themselves to each other in public.
Couples in a common-law marriage have the same benefits as those in a traditional marriage. For example, they can enjoy the right to survivor benefits and spousal hospital visitation. Additionally, same-sex couples can establish common-law marriages that pre-date the legalization of same-sex marriage.
A common-law marriage can only be terminated through a legal divorce, similar to a ceremonial marriage. Couples must file for divorce and divide any property and debts acquired during the marriage.
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