Anaya Nolan
Common law marriage, which has existed for over 150 years in the United States, is recognized in Colorado. A common-law marriage is a marriage without a formal ceremony and marriage license. To be recognized as a common-law marriage in Colorado, couples must meet certain requirements, including cohabitation, agreement to be married, and holding themselves out as married. While some couples may find themselves classified as common-law married when they do not want to be, a common-law marriage is just as binding as a legal marriage, and a legal divorce is required to dissolve the relationship.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Colorado is one of the few states that recognize common-law marriage |
| Requirements for common-law marriage | 1. Cohabitation 2. Agreement to be married 3. Holding yourself out as married 4. Both parties must be 18 years or older 5. Both parties must be legally allowed to marry |
| Divorce requirements | A common-law marriage is treated the same as a statutory marriage and requires a legal divorce through a court |
| Disputes | If the court finds that a couple was not married under common law, the divorce case will be dismissed |
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What You'll Learn
Common law marriage requirements
Colorado is one of the few states in the US that recognizes common-law marriages. Common-law marriage has existed for over 150 years in the United States and can be traced back to medieval times.
A common-law marriage in Colorado is more than just living together. It requires three things: cohabitation, an agreement between both parties to be married, and presenting yourselves as a married couple.
Both parties must be over the age of 18, and neither person can already be married to someone else. The couple must live together, but there is no minimum time period for cohabitation.
Evidence of a common-law marriage can include joint financial accounts, shared property ownership, using the same last name, wearing wedding rings, and referring to each other as spouses. Affidavits from friends and family members can also be used to establish the couple’s reputation as married.
If you would like documentation of your common-law marriage status, you can complete an Affidavit of Common Law Marriage in Colorado. However, this form is not proof of a valid common-law marriage, but it can help a judge to make that determination.
Once a common-law marriage is established, it is just as binding as a legal marriage. If the couple separates, they must go through a legal divorce process, the same as any other married couple.
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Common law divorce process
Colorado is one of the few states that recognize common-law marriages. A common-law marriage is a marriage without a formal ceremony and marriage license. It is a legal union between two people.
To establish a common-law marriage, three requirements must be met: cohabitation, an agreement to be married, and holding yourself out as married. Both parties must be over 18, be legally allowed to marry, and not be married to someone else. There is no time requirement for common-law marriages in Colorado.
If you believe you are in a common-law marriage, you should understand how divorce works with these marriages. A common-law marriage is just as binding as a legal marriage, and you must go through a legal divorce process. The divorce process for a common-law marriage is the same as for a statutory marriage. You will need to follow the law when it comes to splitting up marital property, child custody and support (if any), and alimony.
If there is a dispute about the existence of a common-law marriage, the court will hold a hearing to determine the facts. The burden of proof falls on the couple claiming to be married, and they must present evidence such as witness testimony and documents. If the court finds that a common-law marriage did not exist, the divorce case will be dismissed.
It is important to hire an experienced attorney who can guide you through the divorce process and determine whether a common-law marriage exists.
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Proving a common law marriage
Common law marriage has existed for over 150 years in the United States, and Colorado is one of the few states that recognizes it. A common-law marriage is a marriage without a formal ceremony and license. While it does not require any license, ceremony, or documentation to be legal, it is not easy to prove a common-law marriage. The burden of proof falls on the couple.
A common-law marriage in Colorado requires three things: cohabitation, an agreement to be married, and holding yourself out as married. Simply living together does not constitute a marriage, even if it's for decades. The amount of time a couple is together is inconsequential in the eyes of the state of Colorado.
If a common-law marriage is in dispute, one party's testimony that they intended to be married or not married is unlikely to be persuasive. The court will consider many types of evidence to determine if a common-law marriage exists, including the couple's references to or labels for one another (calling each other husband/wife). The court will also scrutinize documents, especially tax returns, to assess the credibility of the parties and other witnesses.
- 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
- Filing joint tax returns
- Filling out an affidavit swearing that a couple is married
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Common law marriage disputes
In a contested dissolution hearing, the court will scrutinize documents and witness testimonies to assess the credibility of the parties and witnesses. The court will consider all the evidence together, and there is no single element that will prove or disprove a common law marriage. For example, in the 2018 case of Little, the Colorado Court of Appeals upheld that a couple who lived together, ran a business together, and referred to each other as husband and wife to friends and coworkers were not in a common-law marriage.
If the court finds that a couple was not married under common law, the divorce case will be dismissed. However, if a common law marriage is established, it is just as binding as a legal marriage, and a legal divorce must be granted through a court. The divorce process for a common-law marriage is the same as for a statutory marriage, and the couple must follow the law regarding marital property division, child custody, child support, and alimony.
It is important to note that an Affidavit of Common Law Marriage may not be sufficient for some courts, and simply living together is not enough to establish a common-law marriage. If there is proof that a common-law marriage does not exist, a divorce cannot be granted.
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Common law marriage rights
Common law marriage has existed in the United States for over 150 years, with roots in medieval times when justices of the peace and clerks of the law could not travel to marry couples due to a lack of roads and transportation. Common law marriage is a marriage without a formal ceremony and marriage license.
Colorado is one of twelve states that recognize common law marriages. A common-law marriage in Colorado is constituted when a couple meets the following requirements: cohabitation, agreement to be married, and holding yourself out as married. Both parties must be consensual, be at least 18 years of age, and not currently married. The amount of time a couple is together is inconsequential in the eyes of the state of Colorado.
If a common law marriage is in dispute, one party's self-serving testimony that they intended to be married or not married is not likely to be persuasive. The court will consider many types of evidence to determine if a common law marriage exists, including the couple's references to or labels for one another (e.g., calling each other husband/wife).
Common law spouses have the same inheritance rights as spouses married by marriage license. If there is a disagreement about a common law marriage that affects inheritance or probate issues, this will need to be addressed in probate court.
To end a common law marriage, you need to get a legal divorce through a court. The divorce process for a common law marriage is the same as for a statutory marriage.
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Frequently asked questions
A common-law marriage in Colorado is a marriage without a formal ceremony and marriage license. It requires cohabitation, an agreement to be married, and holding yourself out as married.
To prove a common-law marriage in Colorado, you must provide evidence of "mutual consent or agreement of the parties" and a "mutual and open assumption of a marital relationship". This can include witness testimonies, documents, and other types of evidence.
To end a common-law marriage in Colorado, you must get a legal divorce through a court, similar to any other marriage. This involves following the law regarding the splitting of marital property, child custody/support, and alimony.
No, there are no time requirements for common-law marriages in Colorado. A common-law marriage could exist after a month or not exist after 10 years. Time is not considered a factor when filing for a common-law divorce.
If the court finds that you were not in a common-law marriage, your divorce case will be dismissed.
