Kara Sears
Colorado is one of the few states that recognize common-law marriages. A common-law marriage is formed when both parties mutually agree to live as a married couple and present themselves as such to their community. However, 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 you are claiming common-law marriage, you will need documents and witnesses to back up your claim. This is to prevent fraud. If your potential common-law marriage has ended, and you’re looking to prove the legitimacy of your common-law marriage, it’s crucial to consult with a divorce attorney who can help you understand your rights.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Colorado is one of the few states that recognize common-law marriage. |
| Requirements for common-law marriage | Mutual consent or agreement to be married, followed by a mutual and open assumption of a marital relationship. |
| Proving common-law marriage | Evidence such as cohabitation, providing financial support, listing each other as spouses on forms, and having joint finances. |
| Documentation | Affidavit of Common Law Marriage, lease agreements, property deeds, tax returns, insurance forms, greeting cards. |
| Divorce | Common-law marriages are treated the same as statutory marriages during divorce proceedings. |
| Criminal law | In Colorado, a person cannot be compelled to testify against their spouse. |
| Probate law | Probate law governs the distribution of assets and possessions after an individual's death. |
| Spousal support | If a court determines that a couple was married under common law, the partner earning less income may be entitled to spousal support. |
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What You'll Learn
Mutual consent and agreement to be married
Colorado is one of the few states that recognize common-law marriage. A common-law marriage is established by the mutual consent or agreement of the parties to be husband and wife, followed by a mutual and open assumption of a marital relationship. This means that both parties must agree to live as a married couple and present themselves as such to their community.
The key question is whether the parties mutually intended to enter a marital relationship—that is, to share a life together as spouses in a committed, intimate relationship of mutual support and mutual obligation. In assessing whether a common-law marriage has been established, courts give weight to evidence reflecting a couple's express agreement to marry. This evidence can include cohabitation, joint finances, and property ownership, as well as tax returns and insurance forms that demonstrate mutual intent to live as married spouses.
It is important to note that simply living together for a period of time does not create a common-law marriage. While cohabitation is a relevant factor, it is not required, and if there is cohabitation, no specific duration is necessary. Additionally, cohabitation without the intention to be married is not sufficient to create a common-law marriage.
If a common-law marriage is in dispute, the court will hold a hearing to determine whether the marriage existed. The burden of proof falls on the person claiming the existence of the common-law marriage, and judges require compelling evidence to find that a relationship is actually a common-law marriage. This evidence must be clear, consistent, and convincing, and self-serving testimony without additional evidence is unlikely to be persuasive.
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Open assumption of a marital relationship
In Colorado, a common-law marriage is established by the "mutual consent or agreement of the parties to be husband and wife, followed by a mutual and open assumption of a marital relationship". This means that both parties must mutually agree to live as a married couple and present themselves as such to their community.
An open assumption of a marital relationship can be proven by introducing evidence such as witness testimonies and documents. For example, mail and bills addressed to each partner should list the same address to demonstrate a shared residence. Lease agreements, property deeds, and evidence of joint finances and property ownership are also effective. Tax returns and insurance forms can also prove or disprove mutual intent to live as married spouses. Even birthday, anniversary, or other greeting cards can help establish a common-law marriage, especially if one partner refers to the other as their "wife" or "husband".
In addition to cohabitation and the couple holding themselves out as married, the court has set out a variety of factors to be considered when determining whether a common-law marriage exists. These include joint finances, such as bank accounts and credit cards, joint ownership of real estate, shared club/gym memberships, wedding rings, and having children together.
It is important to note that simply living together for a period of time does not create a common-law marriage. While cohabitation is a relevant factor in determining whether there is a common-law marriage, it is not required, and no specific duration is necessary. Likewise, cohabitation without the couple intending to be married is not sufficient to create a marriage.
If you are seeking to prove a common-law marriage in Colorado, it is crucial to consult with a divorce attorney who can help you understand your rights.
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No cohabitation requirement
In Colorado, simply living together does not constitute a common-law 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. While cohabitation is a relevant factor in determining whether there is a common-law marriage, it is not a requirement. Likewise, cohabitation without the couple intending to be married is insufficient to create a marriage.
A common-law marriage is formed when both parties mutually agree to live as a married couple. The parties must follow this agreement by presenting themselves as a married couple to their community. In other words, the couple must hold themselves out to the public as being married. For example, referring to each other as “husband”, “wife”, or “spouse” and filing taxes as married jointly.
If you do not want your relationship to be considered a common-law marriage, do not send mixed messages. Any public declarations you make about your marital status can come back to haunt you later. One thing you can do to support your claim is to prepare and sign a notarized document to that effect.
If your potential common-law marriage has ended, and you’re looking to prove the legitimacy of your common-law marriage in Colorado, it’s crucial to consult with a divorce attorney who can help you understand your rights.
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Common law divorce
In Colorado, a common-law marriage is a marriage that is recognised by a court, even though the two potential spouses may not have complied with the requirements of a statutory marriage, such as obtaining a marriage license. A common-law marriage is formed when both parties mutually agree to live as a married couple. The parties must follow this agreement by presenting themselves as a married couple to their community.
To prove a common-law marriage, two key elements are required: mutual agreement and open assumption of a marital relationship. Documentation such as insurance papers, tax returns, and other documents can be used to demonstrate a shared residence, joint finances, and property ownership. Witness testimony may also be necessary.
If you are seeking a common-law divorce in Colorado, you must first prove that the marriage existed. The court will determine whether a common-law marriage existed, and this can be evidenced by insurance papers, tax returns, and other documents. Friends and family may also need to testify regarding the couple's behaviour as a married couple. Once the court recognises the common-law marriage, the divorce process can proceed. The division of assets and debt will be fair and equitable, given the financial situations of both parties at the time of divorce. Child custody and visitation will be guided by the best interests of the child.
It is important to consult with a divorce attorney who can help you understand your rights and protect your assets. Colorado does not have a common-law dissolution, so common-law married couples must use the same divorce laws as couples with a marriage certificate.
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Proving a common-law marriage
Colorado is one of the few states that recognize common-law marriages. However, proving a common-law marriage can be challenging and often requires a good lawyer. Here are the key elements and considerations for proving a common-law marriage in Colorado:
Mutual Agreement or Consent:
There must be mutual consent or agreement between both parties to be married. This means both individuals must intend to be married and agree to live as a married couple, assuming spousal roles. Simply cohabiting, or living together, is not sufficient to establish a common-law marriage, even if it is for an extended period. The determination of a common-law marriage hinges on the couple's perception of their relationship and their actions based on that perception.
Mutual and Open Assumption of a Marital Relationship:
In addition to mutual consent, there must be a mutual and open assumption of a marital relationship. This means that both parties must present themselves as a married couple to their community and hold themselves out to the public as being married. This can include referring to each other as "husband," "wife," or "spouse" and listing their relationship status as "married" on social media or legal documents.
Documentation and Evidence:
To prove a common-law marriage, various forms of documentation and evidence may be required. This can include mail, bills, lease agreements, property deeds, joint finances, insurance forms, tax returns, and even greeting cards that indicate a marital relationship. Witness testimony from family and friends may also be necessary to support the claim and prevent fraud. Additionally, completing an Affidavit of Common Law Marriage and filing it with the county clerk can be helpful, but it is not conclusive proof.
Court Hearing and Credibility:
In most cases, a court hearing will be held to determine the validity of a common-law marriage. The court will consider the facts, circumstances, and credibility of the evidence presented. Judges scrutinize these cases closely to ensure that common-law marriage claims are not self-serving or made only when convenient for the couple.
It is important to note that there is no time limit or requirement for a common-law marriage to be established. It could exist after a short period or may never come to fruition despite many years together. Additionally, a common-law marriage holds the same legal weight as a traditional marriage in Colorado, and the same divorce process applies to both.
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Frequently asked questions
A common-law marriage is a marriage that is recognised by the state, without a couple needing to go through a marriage ceremony or obtain a marriage licence.
You must prove two elements: "mutual consent or agreement" and "mutual and open assumption of a marital relationship". Evidence can include witness testimony and documents such as mail, bills, lease agreements, tax returns, insurance forms, and greeting cards.
You must file for divorce. The process is the same as for a statutory marriage.
If your spouse dies without a will, you are normally entitled to inheritance benefits under state law, as well as other death benefits such as a pension.
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